How to File a Car Accident Lawsuit When a person is injured in a car crash in a car accident, they are entitled to compensation This could include medical costs and lost wages However, often, victims are offered settlements that are less than they had hoped for They might not receive the amount they need to pay for their long-term medical bills or property damage Time Limits In every state there are statutes of limitations that determine when you can make a claim for compensation in a car crash Failure to act within this time frame can result in your case being dismissed and you losing your right to compensation In New York, the statute of limitations for a personal injury claim is three years If you don't meet the deadline, you could not be able take legal action against the negligent driver and claim the compensation you require to get your life back on course There are a myriad of reasons for why you may not be able to meet the three-year deadline One is that you might not have the medical records you need to prove your injuries It may also be difficult for witnesses to the accident, like representatives from insurance companies or other witnesses It is best to start your lawsuit within the first few days of an accident as soon as you can That way your lawyer will get the opportunity to develop your case and prepare the case for trial Another reason to start your lawsuit as quickly as possible is that you stand a greater chance of receiving compensation The longer you delay filing your claim the more likely it will be for the insurance company to settle your claim with less than you deserve The amount of money you receive as a settlement will depend on the amount your injuries have cost you, as well as the amount of the property damage Your lawyer will help you determine the amount of your losses and what your claim should amount to for lost wages as well as pain and suffering and material A personal injury lawyer is the best way to find out if you have been hurt in a car accident They will go over the specifics of your case and advise you on whether you have a valid claim and the likelihood that filing an injury claim will be successful A lot of times, you'll find that insurance companies provide low-ball settlements due to trying to save money You can avoid these deals by contacting a skilled car accident attorney immediately you become aware of them Damages If you're involved in a car crash and you've been injured through the negligence of a person, you might be able to file a lawsuit for damages These damages can include the financial compensation you need for your medical expenses, lost wages and emotional trauma The amount you will be able to claim will depend on several factors such as the severity of your injuries, the permanent injuries you suffered and your ability to recoup your losses However, there are two kinds of damages you can expect to be awarded economic and non-economic The amount of actual damages you have suffered as a result of your injury is usually determined by your actual costs This includes any expenses related to your injury that could easily add up for example, lost wages, medical bills and vehicle repair It is crucial to keep an eye on all expenses and other damages that you incur as a result of an accident Your lawyer can assist you record these expenses and then recover these from the responsible party in the event of an accident Insurance companies employ a variety of methods to calculate the non-economic damage They can employ anywhere from 15 to 5 times the actual amount of material losses One method is the multiplier that involves you to add your costs, wages lost as well as other economic damages and then multiply them by three While this multiplier is a good starting point for calculating damages, it is difficult to arrive at an accurate amount This is why it's vital to work with an experienced attorney for car accidents who will work with you and your doctor to provide a more accurate estimate of the damages you have suffered You could also opt for the per-diem method which is a Latin term that means "per day" This means you should demand a specific dollar amount for each day that you were forced to endure the effects of your injuries or the loss of your quality of life due to them If you're looking for financial or non-monetary damages an experienced lawyer for car accidents will help you get the maximum amount of your claim The legal team at Morgan amp; Morgan understands how to calculate these figures and argue for the same in court Attorney Fees The cost of a lawsuit could be a significant expense following an accident If you're dealing with mounting medical bills, property damage as well as lost wages, as well as dealing with insurance companies, having the right lawyer could make the difference In most cases, a lawyer will work on a contingency fee basis This means that any settlement or court ruling you receive in your case of car accidents will be used to pay the costs of the lawyer This is a great option for injured people to get help if they cannot afford an attorney But, prior to signing the agreement to pay a contingency fee ensure that you inquire with your attorney for the procedure they use to determine the percentage of final compensation to be given to you in your case The percentage will differ based on the nature of your case and the law firm you select to represent you Typically, attorneys will typically charge between 33 and 40 percent of the money they collect for you in your case This is the norm in the field however, it is possible to negotiate a lower rate if your case is particularly complex or if you have an excellent chance of winning in court This kind of arrangement makes it easier for injury victims to get the justice they deserve It is in the best interest of both the client and the attorney's interest A contingency fee agreement also contains a clause that explains that the expenses and costs are taken out of any settlement in your car accident case The lawyer will be paid 33,000 for legal fees and 4,000 to pay court costs if win a 100,000 settlement This leaves you with the amount of the settlement Most lawyers are also responsible for submitting a police report after the accident This is an essential aspect of any lawsuit It can be important in negotiations with the insurance company representing the defendant or at trial Your lawyer will scrutinize the police reports to identify any errors that could affect your case Mediation A mediator can help resolve a car accident lawsuit and cut down the time required to resolve Mediation is a type of alternative dispute resolution ADR that allows all parties to submit their case to a neutral mediator A mediator is typically a retired judge or an experienced lawyer who serves as a neutral third party and facilitates negotiation in a fair and impartial manner They identify areas of agreement, explore settlement options, and analyze ways to further the interests of both sides Mediation is a gathering of the parties in a neutral place The mediator tries to find a compromise Each side gives a description of their position and a proposal for how the case is to be settled The mediator then moves between the two sides, shifting their demands and proposals https//vimeocom/707196294 will ask questions regarding the case in order to gain a better understanding of the arguments each side is trying claim This may include pointing out possible shortcomings in each side's case and highlighting the relevant issues that require attention If the mediator determines that the case cannot be settled by mediation, they'll refer the parties to arbitration Arbitration is a more formal process than mediation that allows parties to present their case to an independent arbitrator Arbitration is the process by which the attorney for the plaintiff or defendant can present evidence to an arbitrator The arbitrator will make a decision It is an extremely technical process and one that can take several weeks to complete, therefore it is crucial to have an attorney who is competent during this time Mediation after a car accident is a great method to convince your insurance provider to cover your losses Sometimes, an insurance company will offer a small amount at first, and then increase the amount offered as negotiations progress A successful mediation could save you thousands of dollars in trial costs, and may even cut down the time it takes to settle your case Mediation can also allow you to concentrate on your recovery and not worry about the court