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How to Build an Auto Accident Legal Claim When filing a claim a car accident lawyer will consider all ways your injuries have affected your life. This includes both future and present medical treatment costs, lost wages and emotional impacts. A lawyer who has extensive experience in preparing cases for car accidents and proving them is vital. Insurance companies are aware that lawyers who are willing to go to trial will fight for maximum compensation. Traffic collisions Traffic collisions are any accident that involve at minimum one vehicle. These accidents can also involve animals, pedestrians road debris, stationary obstacles such as poles or buildings. They can also happen on public or private roads. Traffic collisions can be intentional or unintentional. Examples of traffic crimes committed intentionally include vehicular homicide and vehicular suicide. According to the NYC Open Data initiative car accidents are among the most frequent kinds of incidents that occur in New York City. The city maintains an online database of all reported motor vehicle accidents. The database includes information on the date the time, place and degree of the collision. It is essential to report any traffic collisions even if they appear minor. If you don't do so, you could lose your right to receive compensation from the other driver or the insurance company. In the event of a collision, not reporting it could also result in the suspension of your license or other penalties. If you're involved in a traffic collision, it is essential to call the police right away and to take photographs of the scene. Also, you should collect all of the information of the other driver, including their insurance company. If auto accident law firm augusta are unable to find the other driver, you can file a claim with your own auto insurer or with a household family member's insurance. You might also be capable of filing claims with the state's special fund for catastrophically injured people that is 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 who is at blame is responsible for medical costs and vehicle repair costs for the other drivers who were involved in the. You may still be able to claim compensation for your losses. In these cases you'll need to prove that the other driver was negligent. A traffic citation is a great proof for this reason. In the majority of police departments, officers have the power to issue a driver a citation after an accident. However, if they believe that someone caused the accident as a result of a violation of the law then they typically issue a ticket. The nature of the offense determines the liability of the insurance company. Some states have boxes which indicate the “contributing factors” of an accident. This allows police officers to assign a percentage blame to a particular driver. If you were struck by a motorist who drove straight through a traffic light, and you could have moved away from the way and didn't, you might be assigned some percentage of the blame for the crash. An experienced personal injury lawyer can assist you in proving the other driver breached his or their obligation to drive safely and adhere to the rules of the road. You can then seek damages for your emotional and physical injuries. If your losses exceed your liability insurance coverage, you can sue the driver at fault. Counterclaims When a car collision occurs and the parties involved are faced with a limited amount of time to pursue legal action. Although the deadlines for legal action vary from state to state, filing a lawsuit within the appropriate timeframe is a viable option to get compensation for injuries and losses that are a result of the collision. An experienced lawyer at your side will help you collaborate with insurance companies to settle or take your case to trial. Your lawyer and you will begin the legal process by filing an official police report. The report is a crucial document that includes an account of the incident, details and evidence gathered at scene, statements from witnesses and more. The document is utilized by insurance companies and attorneys to determine fault, and what damages you may be entitled to. After your attorney has filed the complaint, both parties will engage in a series of exchanges referred to as discovery. Your attorney will ask Defendant representatives questions and get details about their account of the events, including the extent of your injuries. Your attorney can also seek expert opinions to back up your assertions and add credibility to the case. The filing of a counterclaim is an often used strategy for at-fault parties to try and change the odds in their favor. This can be especially common in states with modified the law of comparative negligence, which requires victims to prove that they are less than 51 percent responsible for the crash. Comparative negligence To determine who is at the blame for a car accident is confusing, and sometimes difficult. This is especially true for states with shared fault or laws of comparative negligence. In accordance with the laws on comparative negligence that a person injured can receive compensation less their percentage of fault 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, should your case go to court, judges and juries will weigh the degree of fault each party is responsible for the accident and reduce damage awards 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 that are: pure comparative negligence, modified comparative fault and contributory negligence. Most states including Texas, abide by the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the entire amount of the victim's damages. Your lawyer will ask questions to witnesses, medical professionals and police officers involved in the accident through depositions. These will help your legal team to build an argument for your auto accident. The evidence you provide will assist in proving your claim.