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How to Build an Auto Accident Legal Claim When preparing a claim, an attorney from a car accident will take into consideration all the ways that your injuries have affected your life. This includes medical costs today and in the near future along with lost wages and emotional impact. An attorney with a wealth of experience in preparing and trying car accident cases is crucial. Insurance companies know that lawyers willing to go to trial will fight to get the most compensation. Traffic collisions A traffic collision is any type of accident that involves one or more vehicles. They can also involve pedestrians, animals, road debris, or stationary obstructions such as poles or structures. They can also happen on public or private roads. Traffic accidents can be intentional or unintentional. Examples of traffic-related crimes are vehicle homicide and vehicular suicide. According to the NYC Open Data Initiative car accidents are among the most frequent types of incidents that occur in New York City. The city maintains an online database of all motor car accidents. The database contains information about the date the time, location, and extent of the collision. It is vital to report all traffic collisions, even those that appear to be minor. auto accident attorneys livonia may lose your right to compensation if fail to report the crash. In the event of a collision, not reporting it can result in the suspension of your license or other penalties. If you are involved in a traffic collision it is crucial to contact the police immediately and to snap photos of the scene. Also, you should collect all information regarding the other driver as well as their insurance company. If you can't find the other driver you may file a claim with your auto insurance company or with 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 provides compensation for severely injured people. At-fault driver citations In states that follow fault-based car insurance laws in which the at-fault driver's insurance will pay for medical and vehicle repair costs for other drivers involved in the crash. You can still get compensation for your loss. In these cases, you need to have proof that the other driver was negligent or reckless. Traffic citations are an excellent form of evidence. In the majority of police communities officers have a say in whether they issue a driver a ticket after an accident. If they believe the driver was responsible for the accident by committing a violation of the law, they will usually issue a ticket. The nature of the offense is a factor in determining the fault of the insurance company. Some states have boxes that identify the “contributing factors” of an accident. This allows police officers to assign a percentage blame to a specific driver. For example, if you were struck by a motorist who was going straight through a red light, and you had the chance to move away from the path but didn't, you may be assigned a percentage of fault for the accident. An experienced personal injury lawyer will assist you in proving that the other driver breached his or their duty of care to drive safely and abide by the rules of the road. You may then seek damages to compensate you for your physical and mental injuries. If your losses go beyond the amount of liability insurance you have you can bring a lawsuit against the at-fault driver. Counterclaims After a car accident those involved have a limited period of time to pursue legal action. Although these deadlines differ by state, a lawsuit filed within the proper timeframe is a viable option to get compensation for injuries and losses resulting from the collision. An experienced lawyer at your side can help you 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. This report is crucial because it contains a summary of what happened, the information and evidence collected at the scene witnesses' statements, as well as more. The document is used by insurance companies and attorneys to determine who is at fault, and what damages you may be entitled to. When your attorney files the report the two parties will engage in a series of exchanges called discovery. This is the time when your attorney will inquire from the representatives of the defendant and get information on their account of events, including their assessment of the severity of your injuries. Your lawyer may also seek experts' opinions to back up your assertions and lend credibility to the case. Counterclaims are an often used strategy for at-fault parties to attempt to change the odds in their favor. This is particularly prevalent in states that have modified law governing comparative negligence which require victims to prove they were less than 50% at fault for the accident. Comparative negligence To determine who is at the blame for a car accident can be confusing, and sometimes, it can be difficult. This is particularly true in states that have shared fault or laws of comparative negligence. According to the law of comparative negligence the injured person is able to be awarded damages less their share of the blame for the accident. If you are found to be 20 percent negligent, your claim will be reduced by the amount of 80%. New York is a pure comparative negligence state, so should your case go to the courtroom, judges as well as juries will assess the degree of fault that each party contributed to the accident, and will reduce the damage award by the same amount. Insurance companies employ principles of comparative negligence when evaluating claims from third parties. Generally speaking, there are three types of comparative negligence: pure comparative negligence, modified comparative fault, and contributory negligence. Texas is among the states that follow the modified law of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant accountable for the total amount of the victim's losses. Your attorney will ask questions in person to witnesses, medical professionals and police officers who were involved in the crash through depositions. These will aid the legal team construct your auto accident case. Your testimony can help strengthen your claim.