Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit could be involved.

The procedure of filing a lawsuit starts with your attorney sending the defendant a notice. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the financial, physical, and any other personal injury caused by the negligent actions of a third party. Most states operate under a tort liability system, which means that the party responsible for the incident must compensate the victim for his or her losses. Twelve states also follow no-fault insurance laws that require car owners to carry their own insurance to cover injuries they cause to others.

In the initial phase of the legal process your lawyer will conduct a presuit investigation to determine liable parties and available causes of action. This is called discovery and involves exchanging documents with your adversaries and seeking information. It is important to remember that your adversary is trying to settle this case for the least amount possible, so it could take a while before you receive a fair settlement offer.

The amount of damages you'll receive in a lawsuit arising from a car accident will be contingent on the severity of your injury as well as the extent of your property damage. The lawyer you hire can help calculate the value your claim by adding in your medical expenses and any future or projected expenses.

It is not always easy to determine the worth of a motor vehicle crash claim, but your lawyer will be diligent in constructing an argument that will support your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with a fair settlement that addresses your current and future financial needs.

Liability

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

You will also be asked to tell your account of the incident. The stress of an accident can affect your ability to recall details, however we will be patient and compassionate. Our goal is to help you recall as much as you can so we can make a convincing case for your damages.

Your lawyer may come to a settlement by this point, but it is not always feasible. If you are unable to reach a settlement, your case will be tried. It could be a trial before a judge, jury or both depending on the jurisdiction in which you reside.

A lawsuit can be expensive. Insurance companies are typically required to pay for the costs of an attorney investigator, or any other expert. In this way, the majority of parties wish to settle their claims as swiftly as they can. Settlements can make a claim void for both parties and save both time and money. This is one of the reasons why personal injury lawyers typically work on a contingency basis and don't receive a payment until they have resolved your case. Plaintiffs will also want to get past the accident and its aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing an action. Failing to start a lawsuit within the appropriate time frame can bar your claim, which means you won't be able to seek compensation the damages you suffered. A knowledgeable attorney can determine the specific time limits for your case.

For instance when it comes to car accidents, the law requires that you file your claim within three years from the date of your crash. There are a few exceptions to the statute of limitations. For instance, the deadline may be extended (stopped) in certain circumstances such as when you are an under-age person or if the incident involves a government agency.

In certain circumstances there could be a provision allowing the statute of limitations when the state of mind of the victim at the time of an accident is in doubt. In addition the statute of limitations can 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 by way of formal deposition or testimonies.

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 for a strong defense. Many accidents require investigation which can take time. Evidence can also change as time passes.

Defenses

There are a range of defenses that can be raised in any motor vehicle accident lawsuit. They include both legal and factual arguments. Some of these legal defenses may be based on procedural issues like a failure to meet the deadline for filing, while others might be based on the merits of a specific case.

Comparative negligence is a popular factual defense. This is a legal claim which claims that the injured person who filed the claim should be held partially responsible for the damage or injuries they've suffered. If this is a valid argument will depend on state law. Most states have adopted some form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a compensation. This is the claim that the person who was injured assumed the risk of injury when they took part in an activity, like exercising in a gym or playing a sport. This is a legitimate defense, but experienced attorneys are able to circumvent this argument.

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 example, if a person is making a loss of earnings claim as part of their overall damages, the defendant could argue that the injured party should have taken steps to find a job regardless of the fact that it would not have made them whole.