Motor Vehicle Accident Lawsuit

In a lot of cases, the medical expenses and other economic loss of an individual will outstrip their no-fault insurance. A motor vehicle suit may be the best option in this situation.

The process of filing a lawsuit starts by sending your attorney to the defendant a formal complaint. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the physical, financial and other personal injuries caused by the negligent acts of a third party. Most states operate under the tort liability system which means that the party who caused the accident has to compensate the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance in order to cover the injuries they cause to other people.

In the beginning of the legal process your lawyer will conduct a pre-suit inquiry to identify possible liable parties and available reasons for action. This is called discovery and involves exchanging documents with your adversary and seeking details. It is crucial to remember that your adversary is trying to settle this dispute for the smallest amount possible, so it could take some time before you receive an acceptable settlement offer.

The amount of the damages you will receive in a car accident lawsuit will be contingent on the severity of your injury as well as the amount of property damage. Your lawyer can help you determine the value of your claim by adding in your medical expenses as well as any projected or future expenses.

It is not easy to assess the value of a car accident claim. However, your lawyer will be able to prove your claim and ensure you receive the most compensation possible. Your lawyer will negotiate with insurance companies to reach a fair settlement which addresses your current and future financial needs.

Liability

During the first discovery phase of your case your attorney will begin sharing information with the insurance company of your adversary. This includes documents like accident reports and medical records, witness statements, as well as expert opinions.

You will also be asked to tell your account of the events. We will be patient with you when the trauma of an accident impedes your ability to remember details. Our aim is to help you remember as much as possible so we can make a convincing case for motor vehicle accident lawsuit your damages.

At this point, your lawyer will most likely reach a settlement. However, it is not always feasible. If you can't reach an agreement, the case will be tried. It could be an appeal before a judge, jury or both, depending on the jurisdiction you are in.

A lawsuit can be costly. Insurance companies are typically required to pay for costs of an attorney, investigator, or any other expert. For this reason, most parties would like to settle their claims as fast as they can. A settlement will save both parties time and money and make the claim more streamlined. Personal injury lawyers are typically paid on a contingency basis and will not get paid until the case has been concluded. The same goes for plaintiffs who wish to move on from the injury and its aftermath.

Statute of limitations

In every lawsuit there is a specific time limit for filing the case called the statute of limitations. If you don't submit your lawsuit within the stipulated time frame your claim will be deemed barred. This means that you will not be able to claim compensation the damages you suffered. A knowledgeable attorney can determine the exact timeframe for your case.

In cases involving car accidents for instance, the law obliges you to file a claim within three years of the date of the accident. There are a few exceptions to the statute of limitations. The deadline may be extended in certain situations like when you are minor and the incident involves an agency of the government.

There could also be a statute-of-limitations tolling provision in some cases where there is doubt as to the mental health of the victim at the time of the accident. The statute of limitations can be tolled if your attorney requests the lawyer of the defendant and the defendant for details through written questions called interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence you need for a strong defense. Many wrecks require an investigation, which can take time. Additionally, evidence that is physical can deteriorate over time.

Defenses

There are many defenses available in any fox chapel motor vehicle accident lawyer vehicle accident lawsuit. They comprise both factual and legal arguments. Some legal defenses are based on procedural concerns like not meeting the statute of limitations. Other defenses may be based solely on the merits.

Comparative negligence is a common factual defense. This is a legal argument that claims that the person who filed the claim should be held responsible for the damages or injuries they have sustained. The validity of this argument will be contingent on the state law. Most states have a form of comparative negligent law.

The defense of assumption is also used by defendants to deny plaintiffs their right to compensation. This is the claim that an injured party assumed the risk of injury when they participated in an activity, like training at a gym or playing sports. This is a valid argument, but experienced attorneys know the best approach to resolve it.

Another defense that may be used is that the victim was unable to limit their losses. For example when a person is making a loss-of-income claim as part of their total damages, the defendant can argue that the person who was injured should have taken the necessary steps to find a job regardless of the fact that it would not have compensated them fully.