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How to Build an Auto Accident Legal Claim A lawyer from a car accident will take into account every aspect of how your injuries have affected you. This includes medical expenses now and in the future along with lost wages and emotional trauma. A lawyer who has extensive experience in preparing car accident cases and presenting them to the court is crucial. Insurance companies know that lawyers willing to go to trial will fight to get the maximum amount of compensation. Traffic collisions A traffic collision is any kind of accident that involves one or more vehicles. These accidents may also involve pedestrians, animals road debris, stationary obstacles such as poles or structures. They can also happen on private or public roads. Traffic accidents can be accidental or intentional. Examples of traffic-related crimes are vehicle homicide and suicide by vehicle. According to the NYC Open Data initiative Car crashes are among the most frequent types of accidents that occur in New York City. The city maintains an online database of all motor car accidents. The database contains information about the date, time, location and extent of the collision. auto accident law firm worcester is essential to report all traffic collisions even if they appear minor. You could lose your right to compensation if you do not report the accident. In addition, failing report a crash could lead to an automatic suspension of your license or other penalties. If you're involved in a traffic accident, it is essential to notify the police immediately and to take photos of the scene. It is also important to collect all the details of 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 insurance. You might also be capable of filing claims with the state's special fund for victims of catastrophic injuries 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 at the fault pays medical expenses and repair costs to vehicles for other drivers involved. However there are other types of compensation you could pursue for losses resulting from the crash. In these instances you will need to prove that the other driver was negligent. Traffic citations are a great form of evidence. In the majority of police departments officers have a say in whether they issue a driver a ticket after an accident. If they believe that the driver caused an accident through committing a traffic infraction, they will usually issue an citation. The type of offense also influences the determination of the fault of the insurance company. Certain states have boxes that show the “contributing factors” of an accident. This permits officers to assign a percentage of fault to a specific driver. If you were struck by a car that went straight through a traffic signal, and you could have moved away from the way but didn't, you may be assigned a certain percentage of blame for the accident. An experienced personal injury attorney can assist you in proving the other driver violated his or the obligation to drive safely and follow the rules of the road. You could then seek damages for your physical and emotional injuries. If your losses exceed the liability insurance coverage, you can file suit against the driver responsible for the accident. Counterclaims In the event of a car accident and the parties involved are faced with an incredibly short time to pursue legal action. While these deadlines vary by state, filing a lawsuit within the proper timeframe can be a great way to obtain compensation for injuries and damages that result from the collision. An experienced lawyer can help you negotiate with insurance companies and take your case to the court. Your lawyer and you begin the legal process by filing a police report. This report is crucial because it contains a brief summary of what transpired, information and evidence collected on the scene witness statements, and more. It is commonly 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 of exchanges known as discovery. This is the time when your lawyer will ask questions of the representatives of the defendant, and get information on their account of events, including their assessment of the severity of your injuries. Your attorney may also seek expert opinions to back up your assertions and add credibility to the case. Counterclaims are often a way for those who are in fault to attempt to tip the scales their way. This is particularly prevalent in states that have modified laws on comparative negligence that require victims to prove that they are less than 50% at fault for the accident. Comparative negligence Identifying who is responsible for an auto accident can be confusing and at times difficult. This is particularly true in states with shared fault or the rules of comparative negligence. The law allows an injured person to claim damages, minus their own share of the blame for the accident. If you are found to be 20 percent negligent, your claim will be reduced by 80%. New York is a state which only recognizes comparative negligence. If your case is brought to court, the judge and jury will compare the amount of fault each party has contributed to the accident, and then reduce the damage award by the same amount. Insurance companies apply principles of comparative negligence when evaluating claims from third parties. There are three basic types of comparative negligent such as pure comparative neglect, 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 which held each tortfeasor/defendant to be accountable for the total amount of the victim's losses. Your attorney will be able to ask oral questions of witnesses, medical professionals, and police officers involved in the collision. This is depositions. They will assist your legal team construct a case for your car accident. Your testimony can help strengthen your case.