Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other financial loss of an individual will exceed their no-fault coverage. A motor vehicle lawsuit might be the best option in this scenario.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate for the physical, financial and any other personal injury caused by the negligent actions of another party. The majority of states have a tort liability system, which means that the party who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the first phase of the legal process your attorney will conduct a pre-suit probe to identify potential liable parties and potential legal remedies. This is referred to as discovery and it involves exchanging papers and seeking information from your adversaries. Remember that your adversary will try to settle the case for as little as is possible. It could take a bit of time before you receive an offer of an acceptable settlement.

The amount of the damages you will receive in a car accident lawsuit will depend on the extent of your injury as well as the amount of property damage. Your lawyer can help you calculate the value the claim by adding up your medical expenses and any projected or future costs.

It is not always easy to assess the value of a motor vehicle accident law firms vehicle accident claim, but your lawyer will be diligent in constructing a strong case that supports your claim for the most compensation. Your lawyer will negotiate with the insurance companies to negotiate an acceptable settlement that will address your current and future financial needs.

Liability

During the initial discovery phase of your case, your attorney will begin to share details with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.

You will also provide your version of what happened. The trauma of an accident may affect your ability to remember details, but we will be patient and understanding. Our aim is to help you to recall as much information as is possible in order to make an argument on your behalf.

Your lawyer is likely to negotiate a settlement at this stage, but it's not always feasible. If an agreement is not reached, the case will be taken to trial. It could be an in-person trial before jurors, judges or both, depending on the jurisdiction you are in.

The cost of a lawsuit can be substantial. Insurance companies are typically required to pay for expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as swiftly and efficiently as possible. Settlements will save both parties time and money as well as make the claim more streamlined. This is the reason that personal injury lawyers usually operate on a contingency basis and don't get paid until they are able to settle your case. Similarly, plaintiffs will want to move on from the injury and its aftermath.

Statute of limitations

In every lawsuit, there is a time period to file the case known as the statute of limitation. If you don't file your lawsuit within the prescribed time period, your claim will be barred. This means that you aren't able to seek compensation for the injuries you sustained. A seasoned attorney will be able to identify the time limits for your particular case.

In cases involving car accidents, for example, motor vehicle accident lawsuit the law requires you to file a claim within 3 years of date of the incident. However, there are a few exceptions that can affect your statute of limitations. The deadline can be extended in certain circumstances like when you are an under-age person and the incident involves an agency of the government.

In certain circumstances, there may be a provision allowing the statute of limitations in cases where the victim's mental state at the time of the accident is unclear. Additionally, the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and their lawyers in written questions called interrogatories or via formal deposition or testimonies.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have the evidence you need for an effective defense. Many accidents require investigation which can take time. Physical evidence can also deteriorate over time.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawyer vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural concerns that include not meeting the statute of limitations. Others may be solely based on merits.

Comparative negligence is a common factual defense. It is a legal theory that argues that the injured person submitting the claim should be held accountable for the damage and injuries they have suffered. The validity of this argument will be contingent on the laws of the state. A majority of states have enacted some type of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the theory that an injured party assumed the risk of injury when they took part in the course of exercising at a gym or playing a sport. This is a valid argument, however experienced attorneys know the best approach to resolve it.

Another common defense that could be used is that the victim failed to mitigate their losses. For instance, if a person is filing a loss of earnings claim as part of their total damages, the defendant might argue that the injured party should have taken the necessary steps to find work, even if it would not have been enough to make them whole.