Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic damages will be more than the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit may be involved.

The process of filing suit begins with your lawyer submitting 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 compensate the financial, physical and other personal injuries resulted from the negligence of another party. In the majority of states the tort liability system is in use. This means that the party responsible for the accident is required to pay the victim for their losses. Twelve states have no-fault insurance which obliges car owners to have insurance to protect themselves from any injuries they cause.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to determine accountable parties and potential causes of action. This is known as discovery and it involves exchanging documents and requesting information from your adversaries. It is important to remember that your adversary is trying to resolve this matter for the lowest amount possible, therefore it could take some time before you receive a fair settlement offer.

The amount of damages you receive in a car accident lawsuit will depend on the severity of your injuries and the amount of property damage. Your lawyer can help you calculate the value your claim by incorporating your medical expenses and any future or anticipated expenses.

It's not always simple to assess the value of a motor vehicle crash claim, but your attorney will do their best to create an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to reach an equitable settlement that takes into account your financial and future requirements.

Liability

During the initial discovery phase of your case, your attorney will begin to share information with the insurance company. This includes documents such as accident reports, motor vehicle accident lawsuit medical records and witness statements.

You will be asked to share your account of the events. The trauma of an accident can interfere with your ability to recall details, however we will be patient and compassionate. Our aim is to help you remember as much information as is possible so that we can present an effective case on your behalf.

At this stage your lawyer will most likely seek an agreement. However, it's not always possible. If you fail to reach an agreement, your case will be tried. This could be a bench trial in before a judge or jury, depending on the jurisdiction.

The cost of a lawsuit may be high. Usually, insurers will need to cover the costs of the lawyer or investigator as well as other experts. This is why the majority of parties are looking to settle their claims as quickly as they can. Settlements can end a case for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally operate on a contingency fee and do not get paid until they are able to settle your case. Equally, plaintiffs desire to move past the incident and its consequences.

Statute of limitations

In every lawsuit there is a time limit for filing the case called the statute of limitations. If you fail to file your lawsuit within the specified timeframe your claim will be denied. This means that you won't be able to recover compensation any compensation for your injuries. An experienced lawyer will be able to determine the time limitations applicable to your particular case.

In the case of car accidents, for example, the law obliges you to file a claim within 3 years from the date of the accident. However, there are several exceptions that may affect your statute of limitations. The deadline can be tolled in certain circumstances, such as if you are minor and the incident involves an agency of the government.

There may also be a statute-of-limitations tolling provision in some cases in the event of doubt regarding the victim's mental state at the time of the accident. In addition the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and their lawyers through written questions, also known as interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence required for an effective defense. Many accidents require an investigation that can take a long time. Physical evidence can also deteriorate as time passes.

Defenses

There are a range of defenses that can be raised in any motor vehicle accident attorney vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural issues, such as not meeting the statute of limitations. Others may be based solely on the merits.

Comparative negligence is an important factual defense. It is a legal argument that claims that the injured party who is filing the claim should be held partially accountable for the damages and injuries they have suffered. The validity of this argument will be contingent on the law of the state. Most states have adopted some type of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This argument states that the plaintiff assumed the risk of injury when participating in a sport like working out at a gym or playing sports. This is a valid defense, but skilled lawyers are adept at overcoming this argument.

Another defense that may be used is that the party who was injured did not take the necessary steps to reduce their losses. For example in the event that a person is making a loss of earnings claim as part of their total damages, the defendant can claim that the injured party should have taken the necessary steps to find work regardless of the fact that it would not have compensated them fully.