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A lawyer from a car accident will consider all the ways that your injuries have affected your life. This includes medical expenses today and in the near future loss of wages, emotional impact.
A lawyer who has extensive experience in preparing and conducting trials in cases involving car accidents is essential. Insurance companies know that lawyers who are willing to go to trial will fight to get the maximum compensation.
Traffic collisions
Traffic collisions are any type of accident which involve at least one vehicle. These accidents may also involve animals, pedestrians, road debris, or stationary obstacles like poles or structures. They can also occur on public or private roads. Traffic accidents can be intentionally or unintentionally. Some examples of intentional traffic-related crimes include vehicular homicide and vehicular suicide.
According to the NYC Open Data Initiative, motor car accidents are among the most frequent types of incidents that occur in New York City. The city maintains a public database of every motor vehicle accident. It contains information regarding the date and time of the collision, its location, and the severity of the collision.
Report all traffic accidents even if they appear minor. You may lose your right to compensation if you don't report the incident. In addition, failure to report a crash may lead to the suspension of your license, or other penalties.
It is essential to contact the police and take photographs of the scene after an accident, if you are involved in an accident. It is also important to collect all the information you can about the other driver, including their insurance provider. If you are unable find the other driver, you can file a claim through your own auto accidents insurance or a family member's insurance. You could also be capable of filing an 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 that have fault-based insurance laws, the insurance company of the driver at the fault is responsible for medical expenses and vehicle repair costs for the other drivers involved in the. However there are different forms of compensation you could seek for the losses that resulted from the accident. In these cases you will need to prove that the other driver was negligent. Traffic citations are an excellent evidence.
In the majority of police communities, officers have discretion over whether they issue a motorist tickets following an accident. If they believe that the driver caused the accident by committing a violation of the law then they usually issue a ticket. The type of offense will also influence the insurance company's determination of the fault.
Some states have "contributing factor" boxes on accident reports in which officers can assign a percentage of fault to the driver responsible for an incident. For example, if you were struck by a motorist who was speeding through a red light and you had the opportunity to get out of the way but did not, you may be assigned some percentage of the blame for the accident.
An experienced personal injury lawyer can help demonstrate that the other driver acted in violation of their duty of care by driving recklessly and not obeying the rules of the road. You could then seek damages for your physical and emotional injuries. If your losses go beyond the amount that your liability insurance covers, you can file a lawsuit against the at-fault driver.
Counterclaims
After a car accident and the parties involved have a specific period of time to initiate legal action. The deadlines vary between states, however, a lawsuit filed within the appropriate time frame can be a powerful way to recover compensation for injuries and losses that result from the collision. Having an experienced lawyer by your side will help you work with insurance companies to settle your case to trial.
One of the first steps that you and your attorney start the legal process is to prepare a police investigation report. This critical document includes an overview of the incident, information and evidence gathered at scene, testimony from witnesses and more. This document is used by insurance companies and attorneys to determine fault, and to determine what damages you might be entitled to.
Once your attorney files the report and both parties will engage in a series called discovery. Your attorney will then ask Defendant representatives questions and obtain information regarding their interpretation of events, including the extent of your injuries. Your lawyer can also seek out experts to support your claims and add credibility to the case.
Counterclaims are a common way for the parties at fault to try to influence the outcome their way. This is particularly common in states that have modified comparative negligence laws that require victims to prove they were less than 50% at fault for the accident.
Comparative negligence
Finding out who is to the blame for a car accident can be confusing, and sometimes challenging. This is especially true for states that have adopted the concept of comparative negligence or shared fault rules. Under the comparative negligence laws that a person injured can be awarded damages less their share of the blame for the incident. If you are found to be 20 percent negligent, your claim will be reduced by the amount of 80%.
New York is a pure state of comparative negligence. Therefore, when your case goes to court, judges and juries will compare the degree of fault each party contributed to the accident and reduce damages awarded by that same amount. Insurance companies also use the concept of comparative fault when evaluating third parties' claims.
Generally, there are three kinds of comparative negligence that are: pure comparative negligence, modified comparative fault and contributory negligence. Texas is among the states that adhere to the modified comparative negligence rule. Texas used to adhere to the old Joint and Several Liability Rule which allowed each defendant to be held responsible for the total amount that the victim was liable for damages.
Your lawyer will ask oral questions to witnesses, medical professionals and police officers who were involved in the crash through a process called depositions. These will assist the legal team develop your auto accident case. Your testimony could strengthen your case.
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