How to File an Auto Accident Lawsuit You may bring a lawsuit if the settlement offer made by an insurance company fails to compensate you for your losses The process begins when your lawyer is able to file a lawsuit Your lawyer will gather information from experts and witnesses They will also go through medical and police records as well as reports This is known as discovery Liability After an accident, the responsible party must file a claim for liability with their insurance company The claim must be filed within the timeframe set by the state in which the accident occurred Insurance companies may be tempted to pay as little as possible on legitimate claims, which is why it's important to take steps to safeguard yourself Note everything you can on the scene, including photos, witness statements or police reports, as well as any other pertinent information Contacting your insurance company right away is a good idea, so they can begin processing your claim and gather evidence from the scene In New York, the no-fault system covers medical bills and up to 80 percent of your loss income, up to the policy limits It also covers non-economic expenses such as suffering and pain https//vimeocom/707186425 must prove that the other driver was negligent The severity of your injuries will determine the amount of non-economic and economic damage you're entitled to Sometimes, cars are designed or manufactured in a flawed manner Your attorney may suggest that you sue both the driver and the manufacturer if the car is defective You can sue the public body responsible for road construction or maintenance if it has knowledge or should have known of dangerous conditions on its roads However, you are not able to in any way hold an individual employee responsible in such a case Damages There is no way to estimate the exact amount of these damages, but it is contingent on the laws of your state as well as the severity of the injury It is best to get your medical expenses and other expenses documented and include your estimated future loss When negotiations for compensation, a lawyer for a plaintiff will seek out as much evidence as is possible to support their client's case This could include eyewitness accounts or police reports, as well as medical records In certain cases your attorney may request information from the defendant as well as their attorneys through a process called discovery It could also include depositions, where your lawyer asks you questions under oath about the accident and injuries Sometimes, both parties will reach a settlement before the lawsuit ever reaches trial This is a common scenario in car accidents as both sides want to save time and money on legal fees, as well as avoid the stress of an upcoming trial This could happen at any time during the trial but is more likely to happen after the discovery process has completed It can also happen after one side has learned or shares information they believe is insurmountable for the other side to prevail Medical bills Medical bills can be the most expensive expense incurred in a car accident These bills can come from private healthcare providers, like clinics and hospitals or from government-funded healthcare like Medicare and Medicaid Regardless of where the medical bills come from, it is important that the patients have adequate financial coverage to pay the expenses Victims of car accidents may file a personal injury lawsuit to recover these expenses In some cases the health or auto insurance will cover the costs before an agreement is reached or a settlement has been reached This can help reduce the total amount of the settlement and also prevent the victim from having to pay out-of-pocket costs Subrogation is a legal method that allows insurers to recover the money they paid for from accident victims This is why it is essential to have an attorney to your side who is aware of the intricacies of this procedure and will fight for fair compensation Some drivers also have a form of insurance policy known as "medical payment" or "PIP" This form of insurance typically pays medical bills directly without having to determine the cause of the crash The coverage is generally available to all accident victims and does not require any deductible Even this coverage has limitations, and you shouldn't count on it to cover all of your medical costs Settlements A fair settlement will cover all your losses including medical bills, lost wages, and property damage It should also include a sum to pay for any long-term impairments or damages that result from decreased mobility or pain and suffering It is recommended to consult with an experienced lawyer to receive the maximum amount of compensation for your injuries and losses The process of obtaining a settlement may take months or years, depending on the complexity of your case The time frame for settlements varies between states and is affected by the nature of your claim Typically, following a thorough investigation of your accident Our legal team will submit a demand letter to the at-fault driver's insurance firm We will negotiate with your insurance company to reach a fair settlement If negotiations with the insurance company do not succeed your lawyer will start an action against the responsible party in court The discovery phase then begins with an official procedure where both parties exchange information and evidence During this time your lawyer will seek information from the defendant and their attorneys in the form of written questions called interrogatories and oral testimony through depositions Your attorney may present motions to the court during the trial or discovery phase The judge will consider the motions and make a decision If one of the parties is not satisfied with the verdict of the trial, they can appeal This can add to the length of your case by months or even years