Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other financial losses will go beyond their no-fault insurance coverage. This is where a motor vehicle lawsuit might come into play.

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

Damages

In a ashdown motor vehicle accident lawyer vehicle accident lawsuit damages are awarded for physical as well as financial harm caused by a third party's negligent actions. Most states operate under the tort liability system which means that the person who caused the accident has to compensate the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to carry their own insurance to protect themselves from injuries they cause to other people.

In the initial stage of the legal process your lawyer will conduct a pre-suit probe to determine liable parties and the possible reasons for action. This process is known as discovery. It involves exchanging documents with your adversary and seeking details. It is important to remember that your adversary is trying to settle this case with the least amount of money, and it could take some time before you receive a fair settlement offer.

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

It's not always simple to determine the worth of a motor vehicle crash claim, but your lawyer will diligently build a strong case that supports your claim for the most compensation. Your lawyer will negotiate with insurance companies to achieve a fair resolution that addresses your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin to exchange information with the insurance company. This could include documents such as accident reports, medical records and witness statements.

Also, you will provide your account of what happened. The trauma of an accident could impair your ability remember details, but we will be understanding and patient. Our goal is to assist you in to recall as much information as we can so that we can present a strong case on your behalf.

Your lawyer may come to a settlement by this stage, but it's not always feasible. If you cannot reach an agreement, the case will be argued. This could be a bench trial in the presence of a judge or jury, depending on the jurisdiction.

The cost of a lawsuit could be substantial. In most cases, the insurance companies will have to cover the costs of the lawyer and investigator as well as other experts. In this way, the majority of parties want to settle their claims as quickly as possible. Settlements will save both parties money and time and close the claim. This is one of the main reasons why personal injury lawyers typically work on a contingency basis and don't get paid until they settle your case. Similarly, plaintiffs will wish to move on from the accident and its consequences.

Statute of limitations

In every lawsuit there is a specific time limitation to file the lawsuit known as the statute of limitations. Failing to file a lawsuit within the period of time allowed can invalidate your claim, which means you will not be able to recover compensation for your injuries. An experienced lawyer can establish the specific time limits for your particular case.

For example in car accident cases, the law requires that you file your claim within three years from the date of the crash. There are some exceptions to the statute of limitations. For instance, the deadline may be extended (stopped) in certain situations like when you're an under-age person or if the accident involves an agency of the government.

In some instances there could be a provision for tolling the statute of limitations when the victim's mental state at the time of the accident is in doubt. In addition, the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions, also known as interrogatories or via 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 you need for a strong defense. Many wrecks require an investigation, which can take time. Physical evidence can also deteriorate as time passes.

Defenses

There are a myriad of defenses available in any motor vehicle accident lawsuit. These include both factual and legal arguments. Some of these defenses to law could be based on procedural issues like the inability to meet the statute of limitations, while others may be based on the merits of a particular case.

Comparative negligence is a crucial factual defense. This is a legal argument which states that the person who filed the claim should be held partially accountable for the damage or injuries they've suffered. Whether or not this is an appropriate argument will depend on state law. Most states have adopted some form of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to try and deny plaintiffs their right to compensation. The argument is that the victim assumed the risk of injury when taking part in an activity, like working out at a gym or playing sports. This is a valid defense, however, highly skilled lawyers are able to circumvent this argument.

Another defense that is often used is that the injured person did not take the necessary steps to reduce their losses. For example If a person filing a loss of earnings claim as part of their total damages, the defendant can argue that the person who was injured should have taken the necessary steps to find work regardless of the fact that it would not have made them whole.