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How to Build an Auto Accident Legal Claim When preparing a claim, a car accident lawyer will examine all ways your injuries have impacted your life. This includes both future and present medical costs along with lost wages and emotional impacts. An experienced lawyer in preparing cases for car accidents and trying them is essential. Insurance companies recognize that attorneys willing to go to trial will fight for maximum compensation. Traffic collisions A traffic collision is any type of accident involving one or more vehicles. These accidents can also involve pedestrians, stationary obstructions like poles or buildings as well as animals road debris or road debris. They can also happen on private or public roads. Accidents involving traffic can be intentional or unintentional. Examples of traffic offenses committed with intent include vehicular homicide and vehicular suicide. According to the NYC Open Data initiative car accidents are among the most common kinds of accidents in New York City. The city maintains an online database of all reported motor car accidents. The database contains information about the date, time, location and degree of the collision. Report all traffic accidents, even if they seem minor. You could lose your right to compensation if you don't report the incident. In addition, failing to report a crash may lead to a license suspension or other penalties. It is crucial to contact the police and take photos of the accident scene If you're involved in an accident. It is also important to collect all of the information of the other driver including their insurance company. If you are unable find the other driver, you can make a claim with your own auto insurance or a policy of a family member. You could also be in a position to file a claim with the state's special fund for victims of catastrophic injuries, called the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that have fault-based car insurance laws the insurer of the driver at fault covers the cost of medical and vehicle repairs for all other drivers involved in a crash. However there are other forms of compensation you can claim for the damages resulting from the accident. In such cases, you need to have evidence that the other driver was negligent or reckless. Traffic citations are a fantastic evidence. In the majority of police communities officers have a say in whether they issue a motorist a ticket following an accident. However, if they believe that the person caused the accident by a violation of the law the police will usually issue one. The type of incident will affect the insurance company's determination of the degree of fault. Certain states have “contributing factor” boxes in accident reports where police can assign a percentage to a driver in an incident. For instance, if you were struck by a driver who was accelerating through a red light and you had the chance to get out of the way but did not take the opportunity, you could be given a percentage of fault for the accident. An experienced personal injury attorney can help you prove that the driver who was driving in violation of his or their obligation to drive safely and abide by road rules. You can then seek compensation for your emotional and physical injuries. If your losses are greater than the liability insurance coverage, then you can file suit against the driver responsible for the accident. Counterclaims After a car crash the parties involved have a set amount of time to pursue legal action. The deadlines for filing lawsuits can vary from state to state, however, a lawsuit filed within the right time frame could be a great option to obtain compensation for losses and injuries caused by the collision. A knowledgeable lawyer on your side can help you collaborate with insurance companies to settle your case to trial. Your lawyer and you will begin the legal process by filing a police report. This document is important because it contains a brief summary of what transpired, evidence and information gathered on the scene witnesses' statements, as well as more. It is commonly used by insurance companies and attorneys to determine fault and the kind of damages you may be entitled to claim. After your attorney has filed the case, both parties will engage in a series exchanges referred to as discovery. Your attorney will ask Defendant representatives to answer questions and gather details about their account of the events, which includes the extent of your injuries. Your lawyer may also seek expert opinions to support your claims and provide credibility to the case. Counterclaims are a common way for parties at fault to try to tilt the scales their way. This is particularly prevalent in states with modified law governing comparative negligence which require victims to prove that they are less than 50% responsible for the incident. Comparative negligence Finding out who is to blame for a car crash can be confusing, and sometimes, it can be difficult. This is especially true in states that have adopted comparative negligence or shared fault rules. According to comparative negligence laws the injured person is able to be awarded damages less their percentage of blame for the incident. If you are found to be 20 percent negligent, your compensation will be reduced by the amount of 80%. New York is a state that recognizes only the concept of comparative negligence. If your case goes to court, the jury and judge will evaluate the amount of blame each party is responsible for the accident, and then reduce the amount of damages awarded by the same amount. Insurance companies also utilize criteria for evaluating comparative fault in the evaluation of third parties' claims. There are three general kinds of comparative negligence such as pure comparative neglect as well as modified comparative fault and contributory negligence. Most states, including Texas adhere to the modified comparative fault rule. 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. Your attorney will ask questions to witnesses, police officers and medical professionals involved in the collision. auto accident attorney maine is a process called depositions. These will assist the legal team develop your auto accident case. Your testimony will help strengthen your case.