Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other financial losses a person suffers will surpass their no-fault insurance. A motor vehicle lawsuit might be the best option in this situation.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the physical, financial and any other personal injury caused by the negligence of another party. In the majority of states the tort liability system is used. This means that the person who caused the accident is liable to pay the victim for their losses. Twelve states also follow no-fault laws for insurance, which oblige car owners to carry their own insurance in order to cover the injuries they cause to other people.

In the first phase of the legal process, your lawyer will conduct a presuit investigation to identify possible liable parties and potential legal remedies. This is known as discovery, and involves transferring documents and seeking information from your adversary. Remember that your adversary is attempting to settle this case with as little as possible. It may take some time before you receive an offer of an acceptable settlement.

The amount of compensation you receive from a lawsuit arising from a car accident is contingent on the severity of the injury and the extent to which your property has been damaged. The lawyer you hire can help calculate the value your claim by adding in your medical expenses and any future or Motor Vehicle Accident Lawsuit projected expenses.

It isn't always easy to determine the value of a car accident claim. But, your attorney will be able to prove your claim and ensure you receive the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to come up with a fair settlement that addresses your current and future financial requirements.

Liability

During the initial discovery phase of your case, your lawyer will begin to exchange information with your adversary's insurance company. This includes documents like accident reports and medical records, testimony statements, and expert opinions.

You will also give your version of what happened. The trauma of an accident could affect your ability to recall specific details, but we will be understanding and patient. Our goal is to assist you recall as much as you can, so we can make a convincing case for your damages.

At this moment your lawyer will likely negotiate an agreement. However, it is not always possible. If an agreement is not reached, the case will be taken to trial. This could be a bench trial front of a judge, or a jury, based on the jurisdiction.

The cost of a lawsuit can be substantial. In most cases, the insurance companies will have to pay for the cost of the lawyer and investigator as well as other experts. The majority of parties want to settle claims as quickly and efficiently as they can. A settlement will save both parties time and money as well as end the claim. Personal injury lawyers typically are paid on a contingency fee and will not get paid until the case is resolved. Plaintiffs will also want to get past the incident and its aftermath.

Statute of limitations

In every lawsuit there is a specific time limit for filing the case known as the statute of limitation. Failing to start a lawsuit within the period of time allowed can invalidate your claim, which means you will not be able to recover compensation the damages you suffered. An experienced lawyer can help you determine the deadlines applicable to your particular case.

For instance in car accident cases, the law requires that you file your claim within three years of the date of your crash. There are some exceptions to the statute of limitations. The deadline can be extended in certain situations, such as if 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 when there is doubt over the mental state of the victim at the moment of the accident. The statute of limitations may also be tolled when your attorney contacts the defendant's lawyer and the defendant to provide information via written interrogatories, or formal depositions.

An attorney for personal injuries can assist you in ensuring that your case is handled in a timely manner and that you are capable of obtaining the evidence that you need for an effective defense. Many wrecks require an investigation, which takes time. Evidence can also change with time.

Defenses

There are a variety of defenses that can be argued in any motor vehicle accident law firms vehicle accident lawsuit. These include legal and factual arguments. Some of these defenses to law could be based on procedural factors such as failure to comply with the deadline for filing, while others could be based on the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal argument that claims that the person who filed the claim should be held partially accountable for the harm or injuries they've suffered. The validity of this argument will depend on the state's law. Most states have adopted some kind of law governing comparative negligence.

Defendants also often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the argument that the injured party took on the risk of injury if they participated in the course of training at a gym or playing a sport. This is a valid argument, but experienced lawyers know the best method to resolve it.

Another common defense that can be used is that the injured party did not adequately compensate for their losses. For instance in the event that a person is making a loss-of-income claim as part of their overall damages, the defendant might claim that the victim should have taken the necessary steps to find a job even if it could not have been enough to make them whole.