20 Resources That'll Make You Better At Auto Accident Litigation
How to Build an Auto Accident Legal Claim
When building a claim, a car accident lawyer will look at all the ways in which your injuries have affected your life. This includes medical expenses now and in the future loss of wages, emotional impact.
A lawyer with a lot of experience in preparing car accident cases and proving them is vital. Insurance companies know that attorneys willing to go to trial will fight to get the most compensation.
Traffic collisions
A traffic collision is any kind of accident involving one or more vehicles. These accidents may also involve animals, pedestrians road debris, stationary obstacles like poles or buildings. They can also occur on private or public roads. Accidents involving traffic can be accidental or intentional. Some examples of intentional traffic-related crimes include vehicular murder and suicide by vehicle.
According to the NYC Open Data Initiative Car accidents are among the most common types of incidents that occur in New York City. The city maintains a database that is public of every motor vehicle collision. The database contains information about the date, time, location and severity of the collision.
It is vital to report all traffic collisions, even those that appear minor. You may lose your right to compensation if fail to report the crash. Failure to report a collision can also lead to suspension of your driver's license or other penalties.
It is important to call the police and take pictures of the scene of the accident when you're involved in an accident. Also, you should collect all the details about the other driver including their insurance company. If you're not able to find the other driver, you can make a claim with your own auto insurance or a policy of a family member. You may also be eligible to file an insurance claim through the state's special fund for people who are seriously injured known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).
At-fault driver citations
In states with fault-based car insurance laws the insurance company of the at-fault driver will pay for medical and vehicle repair costs for all other drivers involved in an accident. You may still be able to get compensation for your losses. In such instances you must be able to provide proof that the other driver was negligent or careless. A traffic citation is an excellent source of evidence for this purpose.
In most police communities officers are able to issue a driver with a citation following an accident. If they believe that the driver caused the accident by an offense that is considered to be moving then they typically issue a ticket. The nature of the offense is a factor in determining the responsibility of the insurance company.
Certain states have "contributing factor" boxes on accident reports where officers can assign a percentage of fault to the driver responsible for an incident. For instance, if you were struck by a motorist who was going straight through a red light and you had the chance to move away from the traffic, but didn't then you could be assigned some percentage of the blame for the incident.
A skilled personal injury lawyer can assist you in proving that the other driver violated his or the obligation to drive safely and follow the rules of the road. You may then seek damages to cover your physical and mental injuries. If your losses exceed your liability insurance coverage, then you can file suit against the driver at fault.
Counterclaims
After a car accident the parties involved have a certain amount of time to file a lawsuit. Although these deadlines differ by state, a lawsuit filed within the appropriate timeline can be a great way to get compensation for injuries and losses resulting from the collision. A lawyer with experience will help you negotiate with insurance companies and take your case to the court.
Your lawyer and you will begin the legal process by filing a police report. This vital document contains a summary of the incident, information and evidence that was gathered at the scene, the statements of witnesses and more. The document is used by insurance companies as well as attorneys to determine who is at fault, and to determine what damages you might be entitled to.
After your attorney has filed the report both parties will engage in a series exchanges referred to as discovery. Your attorney will then question the Defendant representatives questions and obtain details on their version of the events, as well as the extent of your injuries. Your attorney may also seek expert opinions to support your claims and add credibility to the case.
Counterclaims are a common strategy for at-fault parties to try and tilt the balance to their advantage. This is especially prevalent in states that have modified law governing comparative negligence which require victims to prove they are less than 50% at fault for the accident.
Comparative negligence
Finding out who is responsible for the cause of a car crash can be confusing and at times difficult. This is especially true for states with shared fault or laws of comparative negligence. The law allows the injured party to recover damages, minus their own share of the blame for the accident. If auto accident lawsuit cambridge are found to be 20% negligent, your compensation will be reduced by 80%.
New York is a pure state of comparative negligence. Therefore, if your case makes it to court, judges and juries will compare the degree of blame each party contributed to the accident, and will reduce the damage award by the same amount. Insurance companies also apply the concept of comparative fault when evaluating third party claims.
In general, there are three kinds of comparative negligence such as pure comparative negligence modified comparative fault and contributory negligence. Most states, including Texas, abide by the modified comparative fault rule. Texas used to adhere to the old Joint and Several Liability Rule which held each defendant/tortfeasor responsible for the total amount that the victim suffered in damages.
Your attorney will be able to ask oral questions to witnesses, medical professionals and police officers involved in the accident through a process called depositions. These will aid the legal team construct your auto accident case. Your testimony could strengthen your case.