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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into consideration all the ways in which your injuries have affected you. This includes both future and present medical costs as well as lost wages and emotional effects. A lawyer with a lot of experience in preparing cases for car accidents and then attempting to resolve them is crucial. Insurance companies know that lawyers who are willing to go to trial will fight to get the maximum compensation. auto accident attorney costa mesa are any accidents involving at least one vehicle. These accidents may also involve pedestrians, stationary objects such as poles or structures, animals road debris or road debris. They can also occur on private or public roads. Traffic collisions may be accidental or intentional. Some examples of intentional traffic-related crimes are vehicular homicide and vehicular suicide. According to the NYC Open Data initiative Car crashes are among the most common types of accidents that occur in New York City. The city maintains a database that is public of every motor vehicle collision. It contains information regarding the date and time of the collision, its location, and the severity. Report all traffic accidents, even if they seem minor. You may lose your right to compensation if you don't report the collision. In addition, failing to report a crash could lead to a license suspension or other penalties. If you are involved in a traffic collision it is imperative to contact the police immediately and take pictures of the scene. You should also gather all the information you can about the other driver including their insurance company. If you are unable to locate the other driver you can file a claim using your own auto insurance or a family member's policy. You may be able file claims through the New York Motor Vehicle Accident Indemnification Corporation that is a state-funded fund that compensates catastrophically injured individuals. At-fault driver citations In states with the law of fault-based insurance for cars the insurance company of the at-fault driver covers the cost of medical and vehicle repairs for all other drivers involved in an accident. You can still seek compensation for your losses. In these cases you will need to show that the other driver was negligent. A traffic citation is an excellent form of evidence for this reason. In most police communities officers are able to issue a driver with warning after an accident. However, if they believe that a driver caused the accident as a result of a violation of the law then they typically issue a ticket. The type of offense also plays a part in determining fault by the insurance company. Certain 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 struck by a driver who drove straight through a traffic signal, and you could have walked away from the path however you didn't, then you could be assigned a certain percentage of blame for the crash. An experienced personal injury attorney can help you prove that the driver who was driving in violation of his or his duty of care to drive safely and abide by road rules. You can then seek damages in order to cover your physical and mental injuries. If your losses are greater than the amount that your liability insurance covers you may be able to bring a lawsuit against the driver at fault. Counterclaims If a car crash occurs the parties involved have the time to pursue legal action. While these deadlines vary by state, filing a lawsuit within the appropriate timeframe can be an effective way to obtain compensation for injuries and losses that are a result of the collision. A lawyer with experience will assist you in negotiating with insurance companies, and even take your case to the court. One of the first steps that you and your attorney start the legal procedure is to prepare a police investigation report. This crucial document contains an overview of the incident, information and evidence collected at the scene, witness statements and more. It is commonly used by insurance companies and attorneys to determine the cause of the incident and the types of damages you might be entitled to claim. After your attorney has filed the complaint, both parties will engage in a series conversations referred to as discovery. Your attorney will ask Defendant representatives questions and obtain information about their version of the events, as well as the extent of your injuries. Your lawyer can also seek expert opinions to back up your claims and give credibility to the case. Counterclaims are a popular method for those who are who are at fault to tip the scales their way. This is especially prevalent in states with amended the law of comparative negligence, which require victims to prove that they are less than 51 percent responsible for the crash. Comparative negligence Determining who is at fault for the cause of a car crash is often confusing and at times difficult. This is especially true in states that have adopted common negligence or shared blame rules. According to the law of comparative negligence that a person injured can recover damages less their percentage of blame for the accident. For example If you were found to be negligent for 20 percent of the time, then your recovery would be cut by 80 percent. New York is a state that has a strict policy of recognizing comparative negligence. If your case goes to court, the jury and judge will evaluate the amount of fault each party has contributed to the accident, and then reduce damages by the same amount. Insurance companies employ standards of comparative negligence to evaluate claims from third parties. There are three main kinds of comparative negligence: pure comparative neglect and modified comparative fault and contributory negligence. Most states including Texas follow the modified comparative fault rule. Texas used to follow the traditional Joint and Several Liability Rule which made each defendant/tortfeasor accountable for the total amount the victim was liable for damages. Depositions provide a means for your lawyer to ask questions orally to police officers, witnesses and medical professionals involved in the collision. They will assist your legal team to build a case for your auto accident. Your testimony will help strengthen your claim.