Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other economic losses will go beyond their no-fault insurance coverage. This is where a motor vehicle lawsuit may be involved.

The process of filing suit starts with your lawyer submitting an official complaint to the defendant. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to cover the physical, financial and other personal injuries caused by the negligence of a third party. The majority of states have the tort liability system which means that the party responsible for the accident must pay compensation to the victim for his or her losses. Twelve states also have no-fault insurance laws, which oblige car owners to carry their own insurance to cover any injuries they cause to others.

In the first phase of the legal process your attorney will conduct a pre-suit investigation to identify potential liable parties and possible legal remedies. This is called discovery, and involves transferring documents and requesting information from your adversary. Be aware that your adversary is seeking to settle this case with as little as they can. It may take some time before you receive an offer of an acceptable settlement.

The amount of compensation you receive from a lawsuit arising from a car accident is contingent on the severity of the injury as well as the extent to which your property has been damaged. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or projected costs, and evaluating the severity of your property damage.

It is not always easy to assess the value of a motor vehicle accident claim, but your attorney will work diligently to build an argument that can support your claim to the maximum amount of compensation. Your lawyer will engage with insurance companies in order to come up with a fair solution that will address your present and future financial requirements.

Liability

During the first discovery phase of your case, your lawyer will begin sharing information with the insurance company of your adversary. This could include documents such as accident reports, medical records, and witness statements.

You will also provide your account of what transpired. The stress of an accident can impair your ability remember details, but we will be understanding and patient. Our goal is to help recall as much information as possible so that we can make strong arguments on your behalf.

Your lawyer may come to a settlement by this stage, Motor Vehicle Accident Lawsuit but it's not always feasible. If an agreement is not reached, the case will be taken to trial. This could be a bench trial in front of a judge, or a jury, depending on the jurisdiction.

A lawsuit can be costly. In most cases, the insurance companies will have to cover the costs of the lawyer or investigator as well as other experts. Most parties want to settle claims as swiftly and efficiently as they can. Settlement will close a claim for both parties and save both time and money. This is one of the reasons why personal injury lawyers typically work on a contingency basis and do not get paid until they are able to settle your case. In the same way, plaintiffs desire to move past the accident and its repercussions.

Statute of limitations

The statute of limitations is the time frame for filing a lawsuit. If you fail to submit your lawsuit within the given time period your claim will be barred. This means you will not be able to claim compensation for your injuries. An experienced attorney can help you determine the timeframes that apply to your case.

In cases involving car accidents for instance the law requires you to file a claim within 3 years from the date of the incident. However, there are numerous circumstances that can alter the statute of limitations. The deadline can be tolled in certain situations like when you are a minor and the accident involves an agency of the government.

In certain circumstances there could be a provision tolling the statute of limitations in cases where the victim's mental state at the time of an accident is unclear. The statute of limitations may be tolled if your attorney requests the defendant's lawyer and the defendant for details through written interrogatories, or formal depositions.

A personal injury attorney can assist you in ensuring that your case is filed in a timely manner and that you are in a position to obtain the evidence you require to have a strong defense. Many accidents require an investigation, which takes time. Evidence can also change as time passes.

Defenses

There are many defenses that can be raised in any motor vehicle accident law firm vehicle accident lawsuit. These include both factual and legal arguments. Some legal defenses are based on procedural issues for example, failure to comply with the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is a popular factual defense. This is a legal defense which states that the person who files the claim should be held partially accountable for the injuries or damages they've sustained. If this is an acceptable argument will depend on state law. Most states have a form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. The argument is that the plaintiff assumed the risk of injury when participating in a sport like working out in a gym or participating in sports. This is a valid argument, but experienced attorneys know the best approach to resolve it.

Another defense that is often used is that the person who was injured did not take the necessary steps to reduce their losses. For instance in the event that a person is making a loss-of-income claim as part of their overall damages, the defendant may argue that the person who was injured should have taken the necessary steps to find work even if it could not have paid for their entire loss.