Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic expenses will exceed the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit may come into play.

The process of filing a lawsuit starts with your attorney submitting to the defendant a lawsuit. The defendant has the right 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. The majority of states use a tort liability system which means that the party responsible for the incident must compensate the victim for their losses. Twelve states also follow no-fault insurance laws that require car owners to have their own insurance to cover any injuries they cause to others.

In the initial stage of the legal process your attorney will conduct a pre-suit probe to determine liable parties and available reasons for motor vehicle accident lawsuit action. This is called discovery and involves exchanging documents with your adversaries and seeking information. It is crucial to keep in mind that your adversary is trying to settle this dispute for the smallest amount possible, so it may be a while before you receive a fair settlement offer.

The amount of damages you receive in a lawsuit arising from a car accident will depend on the seriousness of your injury as well as the amount of property damage. Your lawyer will be able to help you calculate the value of your claim by adding up the medical expenses you incur, including any future or anticipated expenses, and assessing the amount of damage to your property.

It is not always easy to determine the worth of a motor vehicle accident claim, but your lawyer will work diligently to build an argument that can support your claim for maximum compensation. Your lawyer will engage with insurance companies in order to achieve a fair resolution that addresses your current and future financial needs.

Liability

During the initial discovery phase of your case, your attorney will begin to exchange information with the insurance company. This could include documents like accident reports and medical records, testimony statements, and expert opinions.

You will be asked to share your own version of what happened. The stress of an accident can affect your ability to recall details, however we will be patient and kind. Our aim is to help you recall as much information as you can to be able to present an effective case on your behalf.

At this moment, your lawyer will most likely reach a settlement. However, it's not always feasible. If you cannot come to an agreement, your case will be tried. This could be a bench trial front of a judge or jury, based on the jurisdiction.

The cost of a lawsuit could be expensive. Usually, insurers will need to pay for the cost of the lawyer and investigator as well as other experts. This is why the majority of parties would like to resolve their claims as quickly as possible. A settlement can save both parties time and money and end the claim. Personal injury lawyers are usually paid on a contingency basis and are not paid until the case has been completed. Plaintiffs will also want to move on from the incident and the aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing a lawsuit. Failing to file a lawsuit within the proper time frame could halt your claim, which means you won't be able to seek compensation for your injuries. An experienced lawyer can establish the specific time limits for your case.

In cases involving car accidents, for example, the law obliges you to file your claim within three years of the date of the incident. However, there are many exceptions that may affect the time limit for filing a claim. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you're minor or if the accident involves a government agency.

In some cases there could be a provision allowing the statute of limitations when the condition of the victim at the time of an accident is in doubt. The statute of limitation could be tolled if your attorney requests lawyers for the defendant as well as the defendant for information through written questions called interrogatories, or formal depositions.

A personal injury lawyer can help ensure that your legal case is filed in time and that you have access to the evidence you require to mount a a strong defense. Many accidents require an investigation, which may take time. Physical evidence can also deteriorate over time.

Defenses

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

Comparative negligence is a crucial factual defense. This is a legal defense that argues that the injured party who is filing the claim should be held partly accountable for the harm and injuries they have suffered. If this is a valid argument will be contingent on the laws of the state. A majority of states have enacted some form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to compensation. This is the theory that the injured party accepted the risk of injury when they took part in an activity, like training at a gym or playing a sport. This is a legitimate argument, but highly experienced attorneys know the best approach to resolve it.

Another common defense that could be used is that the person who was injured failed to mitigate their losses. If someone claims an income loss as part of their overall damages, the defendant may argue that the victim should have taken the necessary steps to finding work, even if this would not have made the claimant whole.