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Auto Accident Lawsuits If you are a victim of a car crash and you are unable to prove it you could be able to file a lawsuit for damages against the person responsible for the accident New York state law allows you to sue for up 50000 in damages including medical expenses and lost wages However this money does not cover pain and suffering which is a matter for court If youve been injured in an accident that caused serious injuries You may be in a position to file a lawsuit against the negligent driver for damages Statute of limitations for the filing of a lawsuit involving an auto accident The statute of limitations is the time limit to file a lawsuit against a driver who caused an auto accident This law regulates when you must start your lawsuit to be compensated for your injuries It protects the defendant from lawsuits filed years later If you do not file your suit within the time limit you will not be entitled to any compensation and your case may be dismissed There are a myriad of reasons to be aware of the time limit for filing a lawsuit in auto accident cases While the statute of limitations was designed to allow you to file your lawsuit within a reasonable amount of time many cases involving injuries can take longer to settle That is why the statute of limitations for the filing of a car accident lawsuit is designed to make it as easy as it is for victims of car accidents to obtain compensation Most states have a twoyear limitation period However certain states have a longer time limitation That means you must file your lawsuit within two years after the incident The statute of limitations may be extended in the event that you file a lawsuit against the municipality However this exception is applicable only in certain circumstances The statute of limitations in New York for personal injury lawsuits is three years from the date of the accident To determine the most effective course the victim of a car accident should consult a car accident lawyer as soon as possible AccidentInjuryLawyers will assist you in deciding how to proceed while you focus on your recovery A lawyer in car accidents can assist you in gathering evidence and witnesses to back your claim Accidents can be cleared quickly and important evidence could be lost You can collect evidence as quickly as you can by contacting an attorney promptly The time period for filing a car accident lawsuit varies depending on the state you reside in In some states you must be at least 18 to file an action If you want to file a claim but youre not yet 18 years old you have to wait until you turn 18 Auto accident lawsuits award damages In a lawsuit involving an auto accident damages are paid to the party who was injured to compensate for their losses The awards are calculated using computer programs that are specific to the incident that led to them These losses are often omitted by insurance companies and it is therefore essential to work with an attorney who can present your case in the best possible way You must record the medical treatment you received and also assess any property damage in order to determine the amount of damages The amount of damages awarded will be based largely on the severity of your injuries More severe injuries will be awarded more money than those with minor injuries In this way it is essential to hire an attorney who can handle auto accidents The amount of damages awarded in auto accident lawsuits vary depending on the state In California the court will decide whos fault it is and decide on damages based on the percentage If you were more than 20 at fault the court will lower your recovery If youre more than 20 at fault for the incident your insurance company will compensate you 25000 less If the accident wasnt your fault you may still pursue damages for damage to your property You can also sue the driver who rearends your car In some cases the court may decide to award damages based on medical evidence and how much you spent on treatment If the defendant driver is found liable the injured party could be ordered to pay In addition to medical costs the amount you are awarded in the event of a car crash lawsuit may include lost income as well as suffering and pain In most instances the atfault drivers insurance company will pay for these expenses This amount is referred to as compensatory damages The amount you are entitled to will depend on the amount of medical care you received as well as how much income youve lost It is essential to retain an attorney to ensure that you get compensation for the pain you endured because of the inattention of the other driver Punitive damages can also be requested These damages are meant to penalize those responsible for the accident and also discourage reckless behavior New York allows punitive damages however they must be supported by solid evidence that the victim did not care enough about their safety Cost of filing a car accident lawsuit It can be costly to pursue a lawsuit against a driver for injuries incurred during a car accident The cost of hiring an attorney and taking the case to court can range from 100 up to tens of thousands of dollars You may have to hire an experienced lawyer when you are unable or unwilling to negotiate the entire worth of your case A more experienced lawyer can negotiate with medical professionals and reduce your expenses While you may be inclined to handle your car accident claim yourself keep in mind that youll only get 100 of the settlement money when the case is successful The amount you will receive is likely to be lower than if hired an attorney for car accident cases Furthermore a skilled attorney for car accidents understands how to play the game with the insurance company If you do not have an experienced lawyer you are in a major disadvantage compared to the team of lawyers who work for the insurance company It is important to contact your insurance company promptly following the accident if you have it The report you receive could be vital for your insurance claim or lawsuit It may detail the weather conditions and traffic conditions at the time of the accident You may also be entitled to compensation for your suffering and pain The cost of filing a car crash lawsuit can differ based on the type of accident and the extent of your injuries For instance you may not have medical coverage for all of your injuries Likewise the other driver may not have insurance at all In these cases you may be able to recuperate more than you imagine Car accident attorneys typically charge a contingency fee This means that they pay a portion of the settlement which can vary from 30 percent to forty percent Other auto accident attorneys may require payment on an hourly or flat basis based on the situation Although you are able to file an New York car accident lawsuit however a jury may reduce the amount of compensation you receive based on how much fault you have If you were 20 responsible you would only be entitled to 8000 from the other driver Regardless of who was responsible accidents can have devastating consequences on your life Alongside medical bills and lost earnings car accidents can also leave emotional scars Steps to follow after you file a car crash lawsuit An attorney should be contacted in the event that youve been involved in an auto accident An attorney can assist you to obtain the maximum amount of amount of compensation for your injuries They can also assist you gather evidence and interview witnesses Your attorney may also investigate the scene of the accident and obtain police reports Your attorney will gather evidence and deal with insurance adjusters for you Before filing a lawsuit you must gather all relevant evidence and documentation Youll need your medical bills documents receipts and other documents as well as witnesses evidence A demand letter detailing your injuries and requesting compensation should be written It should include all evidence to justify your claim along with any specific details of the incident It is not enough to gather evidence but also capture photos of the damage Photograph the damage to your car and the vehicle of the other These photos will be helpful in proving who was at fault Also you should note the names and addresses of all the participants in the incident This includes the other driver as well as his passengers Also get contact information and names of the witnesses to the incident Insurance companies usually try to settle a dispute It is important to go over the terms and conditions when you receive an offer from insurance companies To ensure that you are receiving a fair settlement consult your lawyer If you dont receive an equitable settlement you should think about filing a lawsuit to collect the amount youre entitled to Even if you dont want to bring a lawsuit and you dont want to file a lawsuit you should contact the police In some states this is legally required The police will also take a photo of the scene You can also make a police report at your local police station or department of motor vehicle No matter how minor the incident may be the police report will help your case move forward and give evidence if questions arise later If youre the victim of a car accident you have the legal right to start a lawsuit Your car accident lawyer will assist you with gathering the necessary documentation and lay out the legal basis for the lawsuit Your lawyer will also inform the defendant of the charges Your lawyer will also inform the defendant of the charges