How to File a Car Accident Lawsuit If a person is injured in a car crash the person is entitled to compensation That can include medical expenses such as lost wages, medical expenses, and more In many cases victims are offered settlements that are less than they anticipated They may not receive the amount they need to pay for their long-term medical bills or property damages Time Limits There are specific limitations in every state which govern the time you can file an auto accident lawsuit Failure to act within the time limit could result in your case being dismissed and losing your right for compensation The time limit in New York for personal injury claims is three years If you don't meet this deadline, then you may not be able to bring legal action against the negligent driver and claim the compensation you require to get your life back on the right track There are a myriad of reasons for why you may not be able to meet the three-year deadline One of them is that you might not have the medical records required to prove your injuries It could also be difficult for witnesses to the accident to be able to identify, such as representatives from insurance companies or other witnesses It is recommended to begin your lawsuit as soon as soon as is possible That way your lawyer will have an opportunity to construct your case and prepare the case for trial Another reason to start your lawsuit as quickly as possible is that you will have more chance of obtaining compensation The longer you put off filing your lawsuit, the more likely it will be for the insurance company to settle your case with less than you are entitled to The amount of money you receive as a settlement will depend on the amount your injuries have cost you as well as the extent of your property damage Your lawyer can help determine how much your loss is worth and what your claim should be for the amount of material damages, lost wages and pain and suffering A personal injury lawyer is the best option to determine whether you've been injured in a car accident They will go over the specifics of your case and provide advice on whether you have a valid claim and the likelihood that filing an injury claim is likely to be successful In most cases, you will see that insurance companies offer low-ball settlements because they are trying to save money These offers are best avoided by talking with a seasoned car accident lawyer as soon as you can Damages If you're involved in a car accident and you've been injured because of the negligence of another person, you may be legally able to file a claim for damages These damages could include financial compensation for medical bills, lost wages , and emotional trauma Your ability to recuperate your losses and the severity of your injuries will all impact the value of your damages There are two kinds of damages that you can expect to be compensated for non-economic and economic Typically, the amount of damages is dependent on the actual cost you've incurred as the result of the accident These expenses include lost wages, medical bills and vehicle repairs It is important to keep all of these expenses in mind, along with any other damages you suffer during the accident Your lawyer can assist you in documenting these expenses and recoup these from the person who was at fault in your case There are a variety of methods that insurance companies employ to calculate non-economic damages, and they can range between 15 to five times your material losses One method is the multiplier that requires you to add up your costs, wages lost and other economic losses and then multiply the sum by three While this multiplier can be an effective way to calculate damages, it's not always exact That is why it is important to find an experienced car accident attorney who will collaborate with you and your doctor to arrive at a more realistic estimate of the damages you have suffered It is also possible to use the per diem method, which is a Latin term that translates to "per day" This means you should demand a specific dollar amount for each day you were forced to endure the impact of your injuries, or the loss of quality of your life caused by them If you're looking to receive monetary or non-monetary damages, an experienced lawyer for car accidents can help you recover the maximum amount of your claim The legal team at Morgan amp; Morgan understands how to calculate these amounts and defend them in court Attorney fees After an accident, the cost of a lawsuit may quickly increase When you're faced with mounting medical bills, property damage as well as lost wages, as well as dealing with insurance companies, hiring the right lawyer can make the difference In most instances, lawyers be on a contingency fee basis This means that any settlement or court judgement you receive in the event of a car accident will be used to pay the lawyer's fees This is an excellent way to aid those who have been injured and who could not afford to hire a lawyer But, before you sign the agreement to pay a contingency fee be sure to ask your attorney how they calculate the percentage of the final compensation to be paid to you in the case The percentage will differ based on the specifics of your case as well as the law firm you select to represent you Typically, attorneys will typically charge between 33 and 40 percent of the amount they collect on behalf of you in your case This is the norm in the industry However it is possible to negotiate a lower price when your case is one with many details or if you have the chance of winning in court This type of fee arrangement makes it easier for injury victims to get the justice that they deserve Furthermore, https//vimeocom/707196205 helps to align the interests of the attorney and the client Another crucial aspect of a contingency fee arrangement is that the costs and expenses are taken out of the amount that you settle in the case of a car accident Your lawyer will receive 33,000 for legal services and 4,000 to cover court costs in the event that you get a settlement of 100,000 The rest of the settlement will be given to you Many lawyers are also required to file a police report following an accident This is a crucial aspect of any lawsuit It could be helpful in negotiations with the defendant's insurance firm or during trial Your lawyer will scrutinize the police reports for any errors that could affect your case Mediation A mediator can assist in the resolution of the case of a car accident and cut down the time it takes to resolve Mediation is an alternative dispute resolution ADR procedure that permits both parties to present their case to a neutral mediator A mediator, typically an experienced lawyer or retired judge, acts as a neutral third party who assists in the negotiation process in a non-adversarial way They help to identify areas of agreement, explore settlement options, and analyze ways to further the interests of both sides Mediation is a meeting of the parties at an open and neutral location The mediator attempts to come to a consensus Each side gives their position and a plan for how to proceed The two sides are divided into separate rooms and the mediator moves back and forth between them, reiterating their arguments and demands To gain a better understanding of each side's claims the mediator will ask questions This may include pointing out weaknesses in each side’s case and highlighting the issues that need to be addressed If the mediator determines that the case is unlikely to be settled at mediation, they will then push the parties toward arbitration Arbitration is a more formal procedure than mediation, and permits each party to present their case to an impartial arbitrator Arbitration is a process where the attorney representing the plaintiff or defendant can present evidence to the arbitrator The arbitrator will make a decision It's a very technical procedure and can take several weeks to complete, therefore it is crucial to have an attorney who is competent during this period A mediation for a car accident can also be a good opportunity to attempt to convince the insurance company to cover your damages Sometimes, insurance companies will offer a lower settlement initially, but then raise the amount offered as negotiations advance A successful mediation could save you thousands of dollars in trial expenses and could even cut down your case by years Mediation can also help you focus on your recovery and not worry about the court