Motor Vehicle Accident Lawsuit

In many cases, medical costs and other losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit could be involved.

The process of filing suit begins with your lawyer sending an email to the defendant. The defendant is then given the chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to pay for the financial, physical and other personal injuries resulted from the negligence 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 have no-fault insurance, which obliges car owners to have insurance to pay for any injuries they cause.

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

The amount of damages you receive in a lawsuit for car accidents will be contingent on the severity of your injuries and the extent of your property damage. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, which includes any future or anticipated expenses, and assessing the amount of damage to your property.

It can be a challenge to determine the value of a car accident claim. However, your lawyer will do everything to help your claim and secure the most compensation possible. Your lawyer will discuss with insurance companies to reach a fair settlement which addresses your current and future financial needs.

Liability

During the initial discovery phase of your case, your attorney will begin sharing information with the insurance company. This will include documents such accident reports, medical records and witness statements.

You will also give your account of what happened. We will be patient with you if the stress of an accident interferes with your ability to recall information. Our aim is to help you remember as much information as you can so that we can present an effective case on your behalf.

Your lawyer may come to a settlement by this stage, but it's not always feasible. If you can't reach a settlement, your case will be decided. It could be the trial of a judge, jury or both, depending on the jurisdiction of your case.

A lawsuit can be expensive. Insurance companies are often required to pay the expenses of an attorney, investigator, or any other expert. For this reason, most parties want to settle their claims as swiftly as possible. Settlements can make a claim void for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency basis and are not paid until the case is completed. The same goes for motor vehicle Accident lawsuit plaintiffs who desire to move past the accident and its consequences.

Statute of Limitations

In every lawsuit there is a deadline or limit for filing the case known as the statute of limitations. Failing to start a lawsuit within the proper time frame could halt your claim, meaning that you will not be able to recover compensation the damages you suffered. An experienced lawyer will be able to identify the time limits applicable to your particular case.

In the case of car accidents for instance, the law obliges you to file your claim within 3 years of date of the accident. However, there are numerous exceptions that may affect your statute of limitations. For instance, the deadline could be extended (stopped) in certain circumstances like when you're an under-age person or if the accident 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 victim's mental state at the moment of the incident. In addition the statute of limitations could be extended during the process of discovery when your attorney requests information from the defendant and his or her lawyers in written questions called interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have the evidence required for an effective defense. Many wrecks need an investigation which can take time. Evidence can also change with time.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawyers vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural issues for Motor Vehicle Accident Lawsuit example, failure to comply with 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 which claims that the injured person who filed the claim should be held partially responsible for the harm or injuries they've sustained. Whether or not this is a valid argument will be contingent on state law. A majority of states have enacted some kind of law governing comparative negligence.

Defendants often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This argument states that the person who was injured assumed the risk of injury when they took part in some activity, for example, exercising at a gym or playing in a sport. This is a legitimate argument, however experienced attorneys know the best way to counter it.

Another defense that may be used is that the injured party did not take the necessary steps to reduce their losses. For instance when a person is filing a loss of earnings claim as part of their overall damages, the defendant can claim that the injured party should have taken steps to find work even if it would not have been enough to make them whole.