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How to Build an Auto Accident Legal Claim In deciding whether to file a lawsuit, a car accident lawyer will examine all ways your injuries have impacted your life. This includes medical costs both now and in the future, lost wages, and emotional trauma. A lawyer with a lot of experience in preparing and conducting trials in cases involving car accidents is essential. Insurance companies are aware that lawyers who are willing to go to trial will fight for the highest compensation. Traffic collisions Traffic collisions are any accident which involve at least one vehicle. These accidents could include pedestrians, animals, road debris, or stationary obstructions like poles or structures. They can also happen on public or private roads. Accidents that involve traffic can be accidental or intentional. Examples of traffic crimes that are intentional include vehicular murder and suicide. According to the NYC Open Data Initiative, car accidents are among the most frequently kinds of incidents in New York City. The city maintains a public database of every reported motor vehicle crash. It provides information about the date and time of the collision, its location, and its severity. Report all traffic accidents, even if they seem minor. If you fail to do so, you could lose your right to a reimbursement from the other driver or the insurance company. In addition, failing to report a crash may result in the suspension of your license, or other penalties. If you're involved in a traffic collision it is crucial to report the incident immediately and to take photographs of the scene. It is also important to collect all the information you can about the other driver as well as their insurance company. If you are unable locate the other driver you can make a claim with your own auto insurance or a policy of a family member. You could also be capable of filing claims with the state's special fund for victims of catastrophic injuries known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states with fault-based insurance laws, the insurance company of the driver at fault covers medical expenses and vehicle repair costs for the other drivers involved in the. However there are different forms of compensation you can claim for the damages resulting from the crash. In these cases you will need to show that the other driver was negligent. A traffic citation is a great form of evidence for this purpose. In most police communities officers have the discretion to issue a driver with warning after an accident. If they believe that the driver was the cause of the accident, through committing an infraction to the speed limit the police will typically issue an citation. The nature of the offense will also affect the insurance company's decision on the degree of fault. Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage of blame to a driver for an incident. If you were hit by a car that went straight through a traffic signal and you could have walked away from the intersection, but didn't, you may be assigned some proportion of the blame for the accident. An experienced personal injury attorney will assist you in proving that the other driver violated his or the obligation to drive safely and abide by the rules of the road. You can then seek damages to compensate for your physical and mental injuries. If your losses exceed the amount that your liability insurance covers you may be able to pursue a lawsuit against the driver who is at fault. Counterclaims When a car collision occurs and the parties involved are faced with an incredibly short time to pursue legal action. Although the deadlines for legal action vary from state to state, filing a lawsuit within the timeframe that is appropriate can be an effective way to obtain compensation for injuries and losses that are a result of the collision. An experienced lawyer on your side can assist you to negotiate with insurance companies to settle your case to trial. One of the first steps you and your attorney will start the legal process is to prepare a police investigation report. This crucial document contains a summary of the incident, data and evidence collected at the scene, statements from witnesses and more. It is commonly 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 complaint, both parties will engage in a series conversations referred to as discovery. This is when your lawyer will ask questions of the representatives of the defendant, and collect information regarding their version of events including their assessment of the extent of your injuries. Your attorney can also seek experts' opinions to back up your claims and add credibility to your case. The filing of a counterclaim is a common tactic used by at-fault parties who want to tilt the balance in their favor. This is particularly prevalent in states that have modified law on comparative negligence, which requires victims to prove they are less than 50% responsible for the accident. Comparative negligence Determining who is to blame for a car crash is confusing, and sometimes challenging. This is particularly true in states that have shared fault or laws of comparative negligence. According to the law of comparative negligence those who are injured can be awarded damages less their percentage of blame for the accident. If you are found to be 20% negligent, your recovery will be reduced by 80percent. New York is a state that recognizes only comparative negligence. If auto accident lawsuit ontario is brought to court the judge and jury will compare the amount of blame each party is responsible for the accident and reduce the amount of damages awarded by the same amount. Insurance companies apply principles of comparative negligence when evaluating claims from third parties. Generally speaking, there are three kinds of comparative negligence which are pure comparative negligence, modified comparative fault, and contributory negligence. Texas is one of the states that follow the modified rule of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant accountable for the entire amount of the victim's damages. Depositions are a way for your attorney to ask questions orally to witnesses, police officers, and medical professionals involved in the collision. They will assist the legal team build your auto accident case. The testimony you provide can aid in proving your claim.