Motor Vehicle Accident Lawsuit

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

The procedure of filing a lawsuit starts with your attorney submitting to the defendant a lawsuit. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the physical, financial and any other personal injury caused by the negligent acts of a third party. In most states, the tort liability system is used. This means that the party who caused the incident is responsible to compensate the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to compensate for any injuries they may cause.

Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible liable parties and potential causes of action. This is referred to as discovery and it involves exchanging papers and seeking information from your adversaries. It is crucial to keep in mind that your adversary is trying to settle this matter for the lowest amount possible, so it may be a while before you receive a fair settlement offer.

The amount of the damages you will receive in a car accident lawsuit will depend on the extent of your injuries and the amount of property damage. Your lawyer will help you calculate the value of your claim by adding up your medical expenses, which includes any future or projected costs, and assessing the severity of your property damage.

It is not always easy to determine the value of a motor vehicle accident attorney vehicle crash claim, but your lawyer will do their best to create a strong case that supports your claim for maximum 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 needs.

Liability

In the initial discovery phase of your case, your attorney will begin to share information with the insurance company. This could include documents like accident reports, medical records, witness statements, as well as expert opinions.

You will also be asked to tell your version of the events. We will be patient with you if the trauma of an accident affects your ability to recall information. Our aim is to assist you remember as much as possible so we can present a convincing case for your injuries.

At this point your lawyer will likely seek a settlement. However, it is not always possible. If a settlement isn't reached, your case will be taken to trial. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. In this way, the majority of parties wish to settle their claims as swiftly as they can. A settlement can close a claim for both sides and save everyone time and money. This is one of the main reasons why personal injury lawyers generally are on a contingent basis and do not get paid until they have resolved your case. Plaintiffs will also want to move past the accident and the aftermath.

Statute of Limitations

In every lawsuit, there is a time limit to file the case called the statute of limitations. Failing to start a lawsuit within the proper time frame could halt your claim, meaning that you are not able to claim compensation the damages you suffered. A seasoned attorney will be able to identify the timeframes applicable to your particular case.

For instance when it comes to car accidents the law requires that you submit your claim within three years of the date of your accident. There are some exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you're minor or the incident involves the services of a government agency.

There may also be a statute of limitations tolling option in certain instances when there is doubt over the mental health of the victim at the time of the incident. Additionally, the statute of limitation can be tolled during the discovery process in the event that your attorney demands information from the defendant and his or motor vehicle accident lawsuit her lawyers through written questions, also known as interrogatories or by way of formal testimonies known as depositions.

A personal injury lawyer can help ensure that your legal case is filed in time and that you have the evidence required for an effective defense. Many wrecks require an investigation, which may take time. The physical evidence can also degrade as time passes.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These are both factual and legal arguments. Some legal defenses are based on procedural considerations like failure to comply with the statute of limitations. Others may be based solely on the merits.

Comparative negligence is a typical factual defense. It is a legal theory that claims that the injured party who is filing the claim should be held partly accountable for the damage and injuries they have suffered. The validity of this argument will be contingent on the law of the state. A majority of states have enacted some kind of law governing comparative negligence.

Defendants can also rely on the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This is the claim that the person who was injured assumed the risk of injury by participating in an activity, like exercising in a gym or motor vehicle accident lawsuit playing sports. This is a valid defense, however, highly experienced attorneys are able to circumvent this argument.

Another common defense that could be used is that the party who was injured was unable to limit their losses. For example when a person is filing a loss of earnings claim as part of their total damages, the defendant could claim that the injured party should have taken the necessary steps to find a job even if it would not have compensated them fully.