How to File a Car Accident Lawsuit A person who has been injured in a car accident may claim compensation This could include medical expenses including lost wages, medical expenses and more Sometimes victims receive a settlement less than they expected They also may not receive the full amount they require to cover their long-term medical expenses or property damage Time Limits In every state, there are statutes of limitations that govern when you can 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 In New York, the statute of limitations for a personal injury claim is three years You may not be able to claim compensation from the negligent driver or get the compensation you are entitled to if you miss the deadline There are many reasons for why you may not be able to meet the three-year deadline One reason is that you may not have the medical records you need to prove your injuries It could also be challenging to locate witnesses, like insurance company representatives and other people who witnessed the accident It is always best to make your claim as soon as you can after the accident So your lawyer will get the opportunity to develop your case and prepare the case for trial You also stand an increased chance of receiving compensation when you file your lawsuit quickly The longer you delay filing your claim, the more likely for the insurance company to settle your case for less than what you deserve The amount of money you receive as a settlement will depend on how much your injuries have cost you as well as the amount of the property damage Your attorney 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 other material If you have been injured in an automobile accident the first step is to consult with an attorney for personal injury They will review your case and determine whether you have an adequate claim If so, they will also advise you on how to file a claim Most of the time, you will discover that insurance companies provide low-ball settlements because they are trying to save money These offers can be avoided by speaking with a seasoned lawyer for car accidents as soon as possible Damages You may be able to make a claim if you suffer injuries in a car accident or due to the negligence of a person else The damages can include financial compensation for your medical bills, lost wages , and emotional trauma The amount you will be able to claim will differ based on a variety of factors such as the severity of your injuries, the permanent injuries you suffered and your ability to recover your losses There are two kinds of damages that are likely to be compensated economic and non-economic Typically, the amount of damages is based on the actual costs you've incurred as the result of the accident These costs include all expenses due to your injury you could easily add up for example, lost wages, medical bills, and repairs to your vehicle It is important to keep all of these expenses in mind, and also any other damages that you suffer as a result of the incident Your lawyer can help you to document the expenses and recover these from the responsible party in the event of an accident Insurance companies employ various methods to calculate non-economic damage They can use anywhere between 15 to 5 times the actual amount of material losses One method is the multiplier which will require you to add your bills, lost wages and other economic damages and then multiply the sum by three While this multiplier is an effective way to calculate damages, it's not always accurate It is recommended to consult an experienced car accident lawyer who will work with your doctor to determine your damages more accurately You can also apply the per-diem method, which is a Latin term that translates to "per day" This means that you should request a specific dollar amount for each day you endured the impact of your injuries or loss of quality of life caused by them An experienced car accident lawyer can help you receive the most value from your claim, no matter if you seek financial or non-monetary damages Morgan amp; Morgan's legal team is well-versed with the method of calculating these amounts, and will fight for them in court Attorney Fees After an accident, the costs of a lawsuit can quickly get expensive If you're dealing with rising medical bills, property damages and lost wages as well as dealing with insurance companies, having the right lawyer can make the difference A lawyer usually works on a contingent basis in most cases This means that any settlement or court judgement you receive in the event of a car accident will pay for the costs of the lawyer This is a great way to help people who are injured but who would pay for an attorney However, before signing the agreement to pay a contingency fee be sure to ask your attorney about how they determine the percentage of final compensation to be paid to you in your case The nature of your case, and the law firm that you select to represent it will impact the percentage Typically, attorneys will typically take between 33 and 40 percent of the amount they collect for you in your case This is a standard practice in the industry but it's possible to negotiate a lower price when your case is especially complicated or if you have an excellent chance of winning in court This type of fee arrangement makes it easier for victims of injury to receive the justice that they deserve Furthermore, it will benefit both the lawyer and their client A contingency-fee agreement also contains a clause that explains that the expenses and costs are deducted from any settlement that you receive in your vehicle accident case If you are awarded an amount of 100,000 attorney will receive 33,000 for their legal services plus 4,000 to cover court costs The balance of the settlement will be given to you Most lawyers are also responsible for filing a police report after an accident This is an essential aspect of any lawsuit, and can be crucial in negotiations with the insurance company representing the defendant or at trial Your lawyer will review the police report for any mistakes that could affect your case Mediation When a plaintiff and a defendant agree to mediation in their car lawsuit, the process could assist in settling the case and cut down the time required to reach a resolution Mediation is an alternative dispute resolution ADR process that allows all parties to present their case before an impartial mediator A mediator is typically a retired judge or an experienced lawyer who serves as a neutral third-party and facilitates negotiations in a non-biased manner They help to find common ground, explore settlement options, and determine the best strategy to promote the interests of both parties Mediation is a meeting of the parties in a neutral place The mediator attempts to find a compromise Each side presents their position and a plan for the best way to be handled Then the two sides are divided into separate rooms and the mediator travels back and forth between them, reiterating their arguments and demands The mediator will ask questions regarding the case in order to gain a better understanding of the arguments each side is trying to say This may include pointing out shortcomings in each side's case and highlighting pertinent issues that need to be addressed If the mediator decides the dispute is not resolved through mediation, they will refer the parties to arbitration Arbitration allows both sides to present their case to an impartial arbitrator, which is a more formal process than mediation Arbitration is a process where the attorney for the plaintiff or defendant can present evidence to the arbitrator https//vimeocom/707232673 will then make a decision It's a very technical process and one that can take weeks to complete, which is why it is crucial to have the right legal representation during this time Mediation after a car accident is a great option to convince your insurance provider to cover your losses Sometimes, an insurance company will initially offer a lower settlement, but will increase their offer as negotiations progress A successful mediation could save you thousands of dollars in trial costs and can even reduce the time needed to resolve your case It can also stop unnecessary litigation and let you focus on recovering from your injuries rather than worrying about court