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How to Build an Auto Accident Legal Claim When filing a claim an attorney from a car accident will examine all ways your injuries have affected your life. This includes medical expenses at present and in the future, lost wages, and emotional impact. An attorney with a wealth of experience in preparing, negotiating and settling cases involving car accidents is essential. Insurance companies know that lawyers who are willing to go to trial will fight for maximum compensation. Traffic collisions Traffic collisions refer to any incident involving at least one vehicle. These accidents can also involve pedestrians, stationary obstructions like buildings or poles or animals road debris, or road debris. They can also happen on private or public roads. Traffic collisions can be either accidental or intentional. Some examples of intentional traffic-related crimes include vehicular murder and suicide by vehicle. According to the NYC Open Data Initiative, car accidents are among the most frequent kinds of accidents in New York City. The city maintains an online database of all reported motor accident accidents involving vehicles. It includes information about the date and time of the collision, the location, and the severity. Report any traffic accident even if they appear minor. You may lose your right to compensation if you do not report the accident. Failing to report a collision can result in a suspension of your license or other penalties. If you are involved in a traffic collision it is imperative to call the police right away and take pictures of the scene. You should also collect all of the information of the other driver, including their insurance company. If you're unable to find the other driver, you can make a claim with your own auto insurance or a family member's insurance. You could also be capable of filing claims with the state's special fund for those who have suffered catastrophic injuries that is known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states with laws based on fault the insurer of the driver at fault covers medical and vehicle-repair expenses for other drivers involved a crash. However there are different forms of compensation you could pursue for losses resulting from the accident. In these cases you will need evidence that the driver was negligent or reckless. Traffic citations can be a powerful way to prove it. In many police communities, officers have the discretion to give a driver a citation in the event of an accident. If they believe the driver caused an accident by committing a moving infraction the police will typically issue a ticket. The type of offense also is a factor in determining the responsibility of the insurance company. Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage to a driver involved in an incident. For example, if you were struck by a driver who was going straight through a red light, and you had the opportunity to move away from the traffic, but did not and you did not, you could be assigned an amount of blame for the accident. A skilled personal injury lawyer can help you establish that the other driver did not fulfill their duty of care by driving recklessly and not observing the rules of the road. You could then seek damages for your physical and emotional injuries. If your losses are more than the amount that your liability insurance covers you can pursue a lawsuit against the at-fault driver. Counterclaims When a car accident occurs the parties involved are given the time to pursue legal action. While the deadlines vary for each state, a lawsuit filed within the timeframe that is appropriate could be a successful way to seek compensation for injuries and losses that are a result of the collision. auto accident law firm springfield on your side can help you work 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. This vital document contains a summary of the incident, details and evidence collected at the scene, testimony from witnesses and 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 conversations referred to as discovery. This is where your attorney will inquire of the representatives of the defendant, and obtain information related to their version of events, including their assessment of the extent of your injuries. Your attorney can also seek expert opinions to support your claims and provide credibility to your case. Filing a counterclaim is a common strategy for at-fault parties who want to change the odds in their favor. This can be especially common in states with modified comparative negligence laws, which requires victims to prove that they are not more than 51 percent responsible for the crash. Comparative negligence Determining who is to blame for a car crash is often confusing and sometimes, it can be difficult. This is especially true for states that have shared fault or the rules of comparative negligence. In accordance with the laws on comparative negligence that a person injured can recover damages less their percentage of responsibility for the accident. For example in the event that you were found to be negligent at 20, then your recovery would be reduced by 80 percent. New York is a pure state of comparative negligence, which means that if your case is taken to the courtroom, judges and juries will compare the degree of fault that each party is responsible for the accident and reduce damage awards by the same amount. Insurance companies also employ comparative fault guidelines when evaluating third party claims. Generally, there are three types of comparative negligence: pure comparative negligence, modified comparative fault and contributory negligence. The majority of states, including Texas, abide by the modified comparative fault rule. Texas was a part of the traditional Joint and Several Liability Rule that held each defendant/tortfeasor responsible for the entire amount the victim suffered in damages. Depositions are a way for your attorney to address questions orally to witnesses, police officers, and medical professionals who were involved in the collision. They will assist the legal team to build your auto accident case. Your testimony can help strengthen your case.