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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into consideration all the ways that your injuries have impacted you. This includes medical expenses now and in the future, lost wages, and emotional trauma. An experienced lawyer in preparing cases for car accidents and trying them is essential. Insurance companies recognize that attorneys willing to take cases to trial will fight for the most money. Traffic collisions Traffic collisions refer to any incident that involve at minimum one vehicle. These accidents can also include pedestrians, stationary obstacles like poles or buildings and animals and road debris. They can also happen on private or public roads. Traffic accidents could be accidental or deliberate. Examples of traffic offenses committed with intent include vehicular murder and vehicular suicide. According to auto accident lawsuit norfolk are among the most frequent types of accidents that occur in New York City. The city maintains a database that is public of every motor vehicle accident. It contains information on the date and time of the collision, its location, and the severity of the collision. It is crucial to report any traffic collisions, even those that appear minor. If you fail to report the incident, you could lose your right to a reimbursement from the other driver or insurance company. In addition, failing report a crash may lead to an automatic suspension of your license or other penalties. If you're involved in a traffic collision it is imperative to report the incident immediately and take pictures of the scene. You should also gather all the information you can about the other driver, including their insurance provider. If you are unable to find the driver of the other and you are unable to locate the driver, you can file a claim with your auto insurance company or with a household family member's policy. You may be able to file an insurance claim through the New York Motor Vehicle Accident Indemnification Corporation, a state-funded fund that compensates severely injured people. At-fault driver citations In states that have fault-based car insurance laws in which the at-fault driver's insurance will pay for medical and vehicle repair costs for other drivers involved an accident. You can still get compensation for your losses. In these cases you will need evidence that the other driver was negligent or reckless. A traffic citation is an excellent source of evidence for this reason. In a majority of police stations, officers have the discretion to issue a motorist warning after an accident. If they believe that the driver was the cause of the accident, through committing a traffic infraction, they will usually issue a ticket. The type of offense also influences the determination of the fault of the insurance company. Some states have “contributing factor” boxes in accident reports where police can assign a percentage of the blame to a driver for an incident. If you were hit by a driver who drove straight through a traffic signal, and you could have walked away from the path but didn't, you may be assigned some proportion of the blame for the crash. An experienced personal injury lawyer can help you prove that the other driver breached his or her duty of care to drive in a safe manner and obey road rules. You can then seek compensation for your emotional and physical injuries. If your losses are greater than the liability insurance coverage, then you can make a claim against the person responsible for the accident. Counterclaims After a car crash and the parties involved have a certain period of time to pursue legal action. The deadlines for filing lawsuits can vary from state to state, however, a lawsuit filed within the right time frame can be a viable option to obtain compensation for injuries and losses that result from the collision. A lawyer with experience can assist you in negotiating with insurance companies, and even take your case to court. One of the first steps that you and your attorney will start the legal process is to file a police report. This report is crucial because it contains a concise summary of what happened, the evidence and information gathered on the scene witnesses' statements, as well as more. It is often utilized by attorneys and insurance companies to determine the cause of the incident and the kinds of damages you could be entitled to claim. After your attorney has filed the report both parties will engage in a series of conversations referred to as discovery. Your attorney will ask Defendant representatives for questions and collect information about their version of the events, including the severity of your injuries. Your lawyer can also seek out experts to support your claims and provide credibility to the case. Making a counterclaim is an effective strategy used by at-fault parties who want to tip the scales to their advantage. This is especially common in states that have changed laws on comparative negligence, which require victims to prove that they are less than 51 percent responsible for the accident. Comparative negligence Finding out who is responsible for an auto accident can be confusing and at times difficult. This is especially true in states with shared fault or the rules of comparative negligence. Laws that allow for comparative negligence permit an injured person to claim damages but not their own percentage of the blame for the incident. For instance in the event that you were found to be negligent at 20, then your recovery would be cut by 80 percent. New York is a pure state of comparative negligence, which means that should your case go to the courtroom, judges and juries will compare the degree of blame each party was responsible for the accident and reduce the amount of damage awarded by the same amount. Insurance companies employ the concept of comparative negligence when evaluating claims from third parties. Generally speaking, there are three types of comparative negligence such as pure comparative negligence modified comparative fault, and contributory negligence. The majority of states including Texas follow the modified comparative fault rule. Texas used to adhere to the old Joint and Several Liability Rule that made each defendant/tortfeasor accountable for the total amount the victim suffered in damages. Your attorney will ask questions to witnesses, medical professionals and police officers who were involved in the crash through a process called depositions. These will help your legal team build an argument for your auto accident. Your testimony can strengthen your case.