Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other economic losses of a person will override their no-fault protection. This is where a motor vehicle lawsuit may be involved.

The process of filing a lawsuit starts with your attorney submitting the defendant a notice. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to cover the financial, physical and any other personal injury caused by the negligent acts of another party. Most states follow a tort liability system which means that the party who caused the accident has to compensate the victim for their losses. Twelve states also have no-fault insurance laws that oblige car owners to carry their own insurance in order to cover the injuries they cause to others.

In the first phase of the legal process your attorney will conduct a pre-suit probe to identify any potential defendants and available reasons for action. This is called discovery, and involves exchanging documents and requesting information from your adversary. It is important to remember that your adversary is trying to settle this case with the least amount possible, so it may be a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a car accident lawsuit will depend on the extent of your injuries as well as the extent of the damage to your property. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or anticipated expenses, and assessing the severity of your property damage.

It's not always simple to assess the value of a motor vehicle accident lawyers vehicle crash claim, but your attorney will diligently build an argument that will support your claim for the highest amount of compensation. Your lawyer will work with insurance companies to negotiate a fair settlement that meets your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin sharing details with your adversary's insurance company. This includes documents such as accident reports, medical records, and witness statements.

You will also provide your account of what happened. The trauma of an accident can impair your ability recall specific details, but we will be patient and understanding. Our goal is to help you remember as much as you can, so we can make a convincing argument for motor Vehicle Accident lawsuit your claim.

At this stage, your lawyer will most likely reach a settlement. However, it is not always possible. If you are unable to reach an agreement, the case will be tried. It could be an in-person trial before a judge, jury or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit can be very high. Usually, insurers will need to pay for Motor Vehicle Accident Lawsuit the cost of the lawyer as well as the investigator and other experts. Because of this, many parties would like to resolve their claims as quickly as possible. A settlement can save both parties time and money and conclude the case. This is the reason that personal injury lawyers usually work on a contingency basis and don't get paid until they have resolved your case. In the same way, plaintiffs desire to move past the accident and its consequences.

Statute of Limitations

The statute of limitations is the time frame for filing a lawsuit. Failing to file a lawsuit within the appropriate timeframe can halt your claim, meaning you cannot recover for your injuries. A seasoned attorney will be able to determine the time limitations applicable to your particular case.

For instance in the case of car accidents the law requires you file your claim within three years from the date of your accident. However, there are a few exceptions that can affect the statute of limitations. For instance, the deadline could be extended (stopped) in certain circumstances such as when you are minor or the accident involves an agency of the government.

There could also be a statute of limitation tolling option in certain instances when there is doubt about the mental health of the victim at the time of the accident. The statute of limitations can also be tolled when your attorney asks the defendant's lawyer and the defendant to provide information via written questions called interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence you require to mount a a strong defense. Many accidents require an investigation, which can take time. The physical evidence can also degrade over time.

Defenses

There are many defenses that can be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural issues, such as inability to satisfy the statute of limitations. Other defenses may be based solely on the merits.

Comparative negligence is a typical factual defense. This is a legal argument which asserts that the injured person who filed the claim should be held partially responsible for the harm or injuries they've sustained. If this is an appropriate argument will depend on the state's law. Many states have enacted a form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. The argument is that the victim assumed risk of injury by taking part in an activity, such as working out at a gym or playing sports. This is a valid argument, but highly experienced lawyers know the best method to counter it.

Another common defense that can be used is that the party who was injured did not take the necessary steps to reduce 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 would not have been enough to make them whole.