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How to Build an Auto Accident Legal Claim When building a claim, a car accident lawyer will look at all the ways in which your injuries have impacted your life. This includes medical expenses both now and in the future along with lost wages and emotional effects. A lawyer who has extensive experience in preparing and conducting trials in car accident cases is crucial. Insurance companies recognize that attorneys willing to take cases to trial will fight to secure the maximum amount of compensation. Traffic collisions A traffic collision is any type of accident that involves one or more vehicles. These accidents can also involve pedestrians, stationary obstructions such as buildings or poles as well as animals, road debris or road debris. They can also occur on private or public roads. Traffic collisions can be either accidental or intentional. Examples of traffic crimes that are intentional include vehicular homicide and vehicular suicide. According to the NYC Open Data initiative, car crashes are among the most common types of incidents in New York City. The city maintains an online database of all motor car accidents. It contains information on the date and time of the collision, its location and the severity. It is important to report all traffic accidents, even those that appear minor. You may lose your right to compensation if fail to report the crash. Failing to report a collision can also lead to a suspension of your license or other penalties. If you are involved in a traffic collision, it is essential to contact the police immediately and take pictures of the scene. You should also gather all the information about the other driver, including their insurance company. If you are unable locate the other driver you can claim the damage through your own auto insurance or a family member's insurance. You might be able to make claims through the New York Motor Vehicle Accident Indemnification Corporation which is a government-funded fund that compensates seriously injured individuals. At-fault driver citations In states with rules based on fault, the at-fault driver's insurer covers medical and repair costs for all other drivers involved in an accident. However there are different forms of compensation that you can seek for the losses that resulted from the crash. In such cases you will need evidence that the other driver was negligent or careless. Traffic citations are a great way to prove it. In the majority of police departments officers have a say in the issue of a driver tickets following an accident. However, if they believe that someone caused the accident by an unintentional violation, they usually do issue a ticket. The nature of the offense influences the determination of the liability of the insurance company. Certain states have boxes that indicate the “contributing factors” of an accident. This permits officers to assign a percentage responsibility to a specific driver. For example, if you were hit by another driver who was speeding through a red light and you had the chance to move out of the way but did not then you could be assigned an amount of blame for the accident. An experienced personal injury lawyer can help you prove the other driver violated their duty of care by driving unsafely and not obeying the rules of the road. You can then seek damages to cover your physical and mental injuries. If your losses are greater than the liability insurance coverage, you may sue the driver who is at fault. Counterclaims Following a car accident the parties involved have a specific amount of time in which to initiate legal action. The deadlines for filing lawsuits can vary from state to state however, a lawsuit filed within the appropriate time frame can be a viable method of obtaining compensation for the losses and injuries resulting from the collision. An experienced lawyer on your side can allow you to work with insurance companies to settle or take your case to trial. Your lawyer and you begin the legal process by filing an police report. The report is crucial since it contains a brief summary of what happened, the evidence and information gathered on the scene witness statements, and more. The document is used by insurance companies as well as attorneys to determine the cause of the incident, and the amount of damages you could be entitled to. After your attorney has filed the complaint, both parties will engage in a series exchanges referred to as discovery. This is where your attorney will inquire from the representatives of the defendant and obtain information related to their version of events, including their assessment of the severity of your injuries. Your attorney can also seek expert opinions to back up your assertions and add credibility to the case. Counterclaims are a common method for those who are at fault to tip the scales in 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 Determining who is responsible for an auto accident is often confusing and at times difficult. This is especially true in states which have adopted the concept of comparative negligence or shared fault rules. Comparative negligence laws permit an injured person to claim damages minus their own percentage of the responsibility for the accident. For instance If you were found to be negligent at 20 then your compensation would be cut by 80 percent. New York is a state that only recognizes comparative negligence. If your case makes it to court, the jury and judge will evaluate the amount of blame each party has contributed to the incident, and reduce the amount of damages awarded by the same amount. Insurance companies also apply standards of comparative fault when evaluating third party claims. There are three types of comparative negligent three types of comparative negligence: pure comparative negligence as well as modified comparative fault and contributory negligence. Texas is one of the states that follow the modified rule of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each tortfeasor/defendant to be accountable for the total amount of the victim's losses. Your attorney will ask questions to witnesses, police officers and medical professionals involved in the collision through depositions. They will assist the legal team develop your auto accident case. auto accident lawsuit chattanooga will help strengthen your case.