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How to Build an Auto Accident Legal Claim A car accident lawyer will take into consideration all the ways your injuries have affected your life. This includes medical costs today and in the near future, lost wages, and emotional impacts. A lawyer with a lot of experience in preparing and attempting cases involving car accidents is essential. Insurance companies know that attorneys willing to take cases to trial will fight for maximum compensation. Traffic collisions Traffic collisions are any accident that involve at minimum one vehicle. auto accident lawsuit plantation may also involve animals, pedestrians road debris, stationary obstacles such as poles or structures. They can also occur on private or public roads. Accidents involving traffic may be unintentional or intentional. Examples of intentional traffic crimes include vehicular 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 a database that is public of every reported motor vehicle crash. The database includes information on the date, time, location and extent of the collision. Report any traffic accident even if they appear minor. If you don't do so, you may lose your rights to compensation from other driver or insurance company. In addition, failing report a crash could result in an automatic suspension of your license or other penalties. If you are involved in a traffic accident it is crucial to report the incident immediately and to snap photos of the scene. You should also collect all the information about the other driver including their insurance company. If you can't locate the other driver you may make a claim through your auto insurance company or a household family member's policy. You may be able file claims through the New York Motor Vehicle Accident Indemnification Corporation which is a state-funded fund that offers compensation to victims of catastrophic injuries. At-fault driver citations In states that follow fault-based car insurance laws in which the at-fault driver's insurance covers medical and repair costs for other drivers involved an accident. However there are different forms of compensation that you can claim for the damages resulting from the crash. In these cases you must have proof that the other driver was negligent or careless. A traffic citation is a good source of evidence for this reason. In the majority of police departments, officers have the discretion to give a driver a citation following an accident. If they believe that someone caused the accident by an offense that is considered to be moving the police will usually issue a ticket. The type of incident will influence the insurance company's determination of fault. Certain states have “contributing factor” boxes on accident reports in which officers can assign a percentage of the blame to a driver involved in an incident. For example, if you were struck by a motorist who was speeding through a red light and you had the opportunity to get away from the traffic, but didn't take the opportunity, you could be given a percentage of fault for the accident. An experienced personal injury lawyer can help you establish that the other driver did not fulfill their duty of care by driving recklessly and not following the rules of the road. You could then seek damages to pay for your physical and mental injuries. If your losses go beyond what your liability insurance covers you may make a claim against the driver who is at fault. Counterclaims After a car accident, the parties involved only have a certain period of time to file a lawsuit. The deadlines for filing lawsuits can vary from state to state but a lawsuit filed in the proper timeframe can be a viable way to get compensation for losses and injuries resulting from the collision. Having an experienced lawyer by your side can allow you to negotiate with insurance companies to settle or take your case to trial. Your lawyer and you begin the legal process by filing an official police report. This report is essential because it contains a concise summary of what happened, the evidence and information gathered on the scene witness statements, more. This document is used by insurance companies as well as attorneys to determine who is at fault, and what damages you may be entitled to. After your attorney files the report after which both sides will engage in a series of discussions called discovery. This is the time when your attorney will ask questions of the representatives of the defendant and gather information about their account of events, including their assessment of the extent of your injuries. Your attorney may also seek expert opinions to prove your claims and give credibility to the case. Counterclaims are a common method for the parties in fault to attempt to tip the scales in their way. This can be especially common in states that have changed the law of comparative negligence, which require victims to prove that they are not more than 51 percent at fault for the crash. Comparative negligence Finding out who is responsible for an auto accident is often confusing and at times difficult. This is especially true for states that have adopted the concept of shared fault or comparative negligence rules. The law allows an injured person to claim damages, but they must bear their own portion of the blame for the accident. 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 comparative negligence. If your case is brought to court, the jurors and judges will assess the amount of fault each party has contributed to the incident, and reduce the amount of damages awarded by the same amount. Insurance companies also use the concept of comparative fault when evaluating third parties' claims. Generally, there are three kinds of comparative negligence that are: pure comparative negligence, modified comparative fault and contributory negligence. Texas is among the states that follow the modified relative negligence 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 losses. Your lawyer will ask questions in person to witnesses, police officers and medical professionals who were involved in the crash through depositions. These will help your legal team build a case against your auto accident. Your testimony can help strengthen your claim.