Motor Vehicle Accident Lawsuit

In a lot of cases, the medical expenses and other economic losses of a person will exceed their no-fault coverage. This is where a motor vehicle lawsuit could be involved.

The procedure of filing a lawsuit begins with your attorney sending the defendant a complaint. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle crash lawsuit, damages are awarded for physical, financial and other personal damages caused by another's negligent actions. The majority of states use a tort liability system which means that the party responsible for the incident must compensate the victim for his or her losses. Twelve states have no-fault insurance, which obliges car owners to have insurance to pay for any injuries they cause.

In the beginning of the legal process your lawyer will conduct a presuit investigation to determine liable parties and available options for action. This process is known as discovery. It involves exchanging documents with your adversaries and requesting details. Remember that your adversary is seeking to settle this case with as little as is possible. It may take some time before you get an offer of a fair settlement.

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

It is not always easy to determine the worth of a laguna hills motor vehicle accident attorney vehicle crash claim, but your lawyer will diligently build an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that takes into account your financial and future needs.

Liability

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

You will also give your version of what happened. We will be patient with you when the trauma of an accident affects your ability to recall information. Our goal is to help remember as much information as is possible so that we can present strong arguments on your behalf.

At this point your lawyer will likely come to an agreement. However, it is not always feasible. If you cannot reach an agreement, the case will be heard. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction.

A lawsuit can be expensive. In most cases, the insurance companies will have to cover the costs of the lawyer or investigator as well as other experts. For this reason, most parties want to settle their claims as fast as possible. A settlement will save both parties time and money and make the claim more streamlined. Personal injury lawyers are typically paid on a contingency fee and will not be paid until the case has been completed. Plaintiffs will also want to move past the incident and its aftermath.

Statute of limitations

In every lawsuit there is a deadline or limit to file the case known as the statute of limitation. If you don't file your lawsuit within the stipulated timeframe your claim will be barred. This means you can't recover for your injuries. A seasoned attorney will be able determine the deadlines that apply to your case.

For instance in car accident cases the law requires you submit your claim within three years of the date of your crash. However, there are a few exceptions that can affect the time limit for filing a claim. The deadline may be tolled in certain circumstances like when you are an under-age person and the incident involves an agency of the government.

In some instances there could be a provision that will tollerate the statute of limitations if the state of mind of the victim at the time of an accident is unclear. Additionally, the statute of limitations may be extended during the discovery process in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories, or in formal testimonies, Vimeo 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 you require for a strong defense. Many accidents require an investigation, which can take time. In addition, physical evidence can degrade as time passes.

Defenses

There are a range of 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 questions like inability to satisfy the statute of limitations. Others could be based solely on the merits.

Comparative negligence is a common factual defense. It is a legal argument which claims that the injured person who is filing the claim should be held partly responsible for the harm and injuries they have suffered. The validity of this argument will be contingent on the law of the state. Many states have a type of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This is the theory that the injured party took on the risk of injury by participating in an activity, like exercising in a gym or playing a sport. This is a legitimate argument, but highly experienced attorneys know the best way to counter it.

Another defense that is often used is that the victim was not able to limit their damages. For instance in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant could claim that the victim should have taken steps to find a job even if it could not have been enough to make them whole.