Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial losses will go beyond their insurance's no-fault coverage. A motor vehicle lawsuit could be the best option in this scenario.

The process of filing a lawsuit starts with your attorney submitting the defendant a notice. 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 financial, physical, and any other personal injury resulted from the negligence of a third party. In most states, the tort liability system is in use. This means that the person who caused the accident has to pay the victim for their losses. Twelve states also follow no-fault insurance laws, which require car owners to have their own insurance to cover any injuries they cause to others.

Your lawyer will conduct an investigation prior to filing a lawsuit to identify potential responsible parties and possible causes of the action. This is known as discovery and Motor vehicle accident Lawsuit involves transferring documents and seeking information from your adversaries. Remember that your opponent will try to settle the matter for as little as is possible. It could take some time before you receive an offer of an acceptable settlement.

The amount of damages that you receive from a lawsuit arising from a car accident is contingent on the severity of the injuries and the extent to which your property has been damaged. Your lawyer can help you calculate the value the claim by adding up your medical expenses and any future or projected expenses.

It isn't always easy to determine the value of a motor accident claim. However, your lawyer will do their best to defend your claim and ensure you receive the maximum amount of compensation. Your lawyer will discuss with insurance companies to come up with a fair solution which addresses your current and future financial needs.

Liability

During the initial discovery stage of your case, your lawyer will begin sharing information with the insurance company of your adversary. This will include documents like accident reports and medical records, as well as testimony statements, and expert opinions.

You will also give your version of what transpired. The stress of an accident can hinder your ability to recall specific details, but we will be patient and compassionate. Our goal is to assist you in to recall as much information as is possible so that we can present a strong case on your behalf.

At this moment your lawyer will likely seek a settlement. However, it is not always feasible. If a settlement isn't reached, the case will go to trial. It could be the trial of jurors, judges or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit may be high. Insurance companies are typically required to pay the costs of an attorney, investigator, or any other expert. Most parties would like to settle claims as swiftly and efficiently as possible. Settlements will save both parties time and money and conclude the case. Personal injury lawyers are usually paid on a contingency basis and are not paid until the case has been concluded. Plaintiffs also want to move past the incident and the aftermath.

Statute of limitations

In every lawsuit there is a deadline or period to file the case called the statute of limitations. If you don't file your lawsuit within the stipulated time frame the claim will be denied. This means that you will not be able to claim compensation for your injuries. An experienced lawyer can establish the exact timeframe for your particular case.

For example in car accident cases the law requires you submit your claim within three years from the date of your accident. However, there are several exceptions that can affect your statute of limitations. For instance, the deadline could be extended (stopped) under certain circumstances such as when you're an under-age person or if the incident involves a government agency.

There may also be a statute-of-limitations tolling clause in certain circumstances when there is doubt over the mental health of the victim at the time of the incident. Additionally the statute of limitations can be extended during the process of discovery when your attorney asks for information from the defendant and their lawyers in written questions called interrogatories or through a formal testimonies called depositions.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have access to the evidence you require to mount a a strong defense. Many wrecks require an investigation, which can take time. Physical evidence may also become less reliable with time.

Defenses

There are a variety of defenses that can be raised in any motor vehicle accident attorney vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural considerations, such as failure to meet the statue of limitations. Others could be based solely on the merits.

Comparative negligence is a typical factual defense. This is a legal defense which claims that the injured person who filed the claim should be held responsible for the harm or injuries they've sustained. The validity of this argument is contingent on the law of the state. Most states have adopted some form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a compensation. The argument is that the person who was injured took on the risk of injury by participating in a sport such as working out in a gym or participating in sports. This is a valid argument, but skilled lawyers know the best way to counter it.

Another common defense is that the person who suffered injury was not able to limit their damages. If a plaintiff claims an income loss as part of their overall damages, the defendant may claim that the person who was injured should have taken steps towards finding work, even though this would not have made the claimant whole.