How to File a Car Accident Lawsuit When a person is injured in a car crash the person is entitled to compensation That can include medical expenses, lost wages and more Sometimes victims receive a settlement less than what they had hoped for They might not get the full amount they need for their long-term medical requirements or property damage Time Limits In every state, there are statutes of limitations which govern when you are able to start a lawsuit for a car accident Failure to act within this time frame could result in your case being thrown out and you losing your right to compensation The statute of limitations in New York for personal injury claims is three years If you don't meet this deadline, you might not be able to bring legal action against the negligent driver and get the damages you need to get your life back on track There are a variety of reasons why you might miss the three year timeframe One reason is that you may not have the proper medical records to prove your injuries It can be difficult for witnesses to the accident to be able to identify, such as representatives from insurance companies or other witnesses It is always best to make your claim as soon as possible following the accident So your lawyer will get a chance to build your case and prepare it for trial Another reason to make your claim as soon as possible is that you stand a greater chance of receiving compensation The longer you wait longer, the more likely the insurance company will be to settle your case for less than you are entitled to The amount of money you receive in settlement will be contingent upon how much your injuries cost you, as well as the extent of the damage to your property An attorney can assist you determine what your losses are worth and what your claim should be for lost wages, material damages and pain and suffering A personal injury lawyer is the best way to find out if you have been hurt in an automobile accident They will review the details of your case and provide advice on whether you have a valid claim, and whether filing a claim will be successful In most cases, you will see that insurance companies provide low-ball settlements because they are trying to save money These offers are best avoided by talking with a seasoned lawyer in a car accident as quickly as you can Damages You may be able to sue if you are injured in a vehicle accident or by the negligence of another person These damages can be financial compensation for medical expenses, lost wages and emotional trauma Your ability to recuperate your losses and the severity of your injuries will affect the value of your damages However, there are two main kinds of damages you can expect to be awarded economic and non-economic The amount of the actual damages you've suffered as result of your injury is usually determined by the actual costs These costs include all expenses caused by your injury you can easily add up including lost wages, medical bills and repair of your vehicle It is crucial to keep all of these expenses in mind, as well as all other damages that you suffer as a result of the accident Your lawyer can help you to document these expenses and get them from the responsible party in case Insurance companies employ a variety of methods to calculate the non-economic damage They can utilize anywhere from 15 to 5 times the actual amount of material losses One of these methods is the multiplier which involves you to add your expenses, lost wages and other economic losses and then multiply the sum by three While https//vimeocom/707226998 can be a good starting point for calculating damages, it can be difficult to arrive at an accurate amount That is why it is essential to hire an experienced lawyer for car accidents who will collaborate with you and your physician to come up with a more accurate estimation of the damages you have suffered It is also possible to use the per-diem method that is Latin for "per day" and means that you must demand a certain amount of money for each day you had to deal with the consequences of your injuries or loss of quality of life If you're seeking to claim damages in the form of money or non-monetary, an experienced car accident lawyer will help you get the maximum value of your claim Morgan amp; Morgan's legal team is experienced in the process of calculating these amounts, and fight for these in court Attorney Fees After an accident, the cost of a lawsuit can swiftly grow Getting the most suitable lawyer can make all the difference when you're faced with increasing medical bills or property damage, loss of wages and dealing with insurance companies In most instances, lawyers operate on a contingent fee basis This means that the lawyer's costs come out of any settlement or court judgement you receive in the event of a car accident This is a great way to help injured victims who could pay for a lawyer Before signing a contingent agreement, you must ask your attorney how they calculate the amount you will receive as final compensation The nature of your case and the law firm you choose to represent, will affect the percentage A typical attorney will charge between 33 and 40 percent of the amount they collect in a case This is the industry standard However, it is possible to negotiate a lower rate in cases that involve many details or if you stand the chance of winning in court This kind of arrangement allows victims of injuries to receive the justice they deserve Furthermore, it is in the best interests of both the attorney and their client Another key aspect of a contingency fee arrangement is that expenses and costs are subtracted from the amount you settle for in your car accident lawsuit If you win a settlement of 100,000 your lawyer will get 33,000 for their legal services , plus 4,000 to cover court costs This leaves you with the amount of the settlement The majority of lawyers are also responsible for submitting a police report after an accident This is an essential part of any lawsuit, and can be vital in negotiations with the insurance company representing the defendant or in court Your lawyer will scrutinize the police reports for any mistakes that could impact your case Mediation If a defendant and plaintiff accept mediation in their car lawsuit, the process may help to resolve the case and shorten the time required to reach a final resolution Mediation is an alternative dispute resolution ADR procedure that permits both parties to present their case before a neutral mediator A mediator, typically an experienced lawyer or retired judge acts as a neutral third-party who facilitates negotiations in a non-adversarial way They work to identify areas of agreement, explore settlement options, and evaluate how to advance the interests of both sides In mediation, the parties typically gather at an neutral location The mediator attempts to reach a compromise Each party gives a statement of their view and propose to how the matter should be settled Then the two sides are separated into separate rooms and the mediator is able to move back and forth between them, relaying their offers and demands To gain a better understanding of the arguments of each side the mediator will be able to ask questions This could include pointing out any weaknesses in each side's argument and highlighting pertinent issues that need to be addressed If the mediator is of the opinion that the case is not likely to be settled through mediation, they will shift the parties towards arbitration Arbitration is a more formal procedure than mediation, which allows parties to present their case to an independent arbitrator During arbitration, the attorney for the plaintiff and defendant can introduce evidence to the arbitrator, and the arbitrator will make an award or make a decision about the case This is a complex process that can take several weeks to complete It's important to have the right legal representation Mediation after a car accident could be a fantastic way to get your insurance company to cover your losses Sometimes, an insurance company will offer a lower settlement at first and then increase their offer as negotiations advance A successful mediation can save you thousands of dollars on court costs and can even reduce the time needed to resolve your case It can also avoid unnecessary litigation and let you concentrate on recovering from your injuries, instead of worrying about the courtroom