Motor Vehicle Accident Lawsuit

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

The process of filing a lawsuit begins with your attorney submitting to the defendant a complaint. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident attorneys vehicle accident lawsuit damages are awarded to compensate for the physical, financial 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 person who caused the incident is responsible to compensate the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to pay for any injuries they cause.

In the beginning of the legal process, your lawyer will conduct a presuit investigation to identify potential liable parties and available reasons for action. This is referred to as discovery. It involves exchanging documents with your adversary and seeking information. Keep in mind that your adversary will try to settle the case for as little as is possible. It may take some time before you receive an offer of an acceptable settlement.

The amount of damages you receive for a lawsuit arising from a car accident is contingent on the extent of the injury and the extent to which your property has been damaged. Your lawyer can assist you in calculating the value of your claim by adding up your medical expenses, which includes any future or anticipated costs, as well as assessing the extent of your property damage.

It isn't always easy to determine the value of a car accident claim. However, your attorney will do everything to help your claim and obtain maximum compensation. Your lawyer will negotiate with insurance companies to come up with a fair solution that meets 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. This includes documents such as accident reports and medical records, witness statements, as well as expert opinions.

You will be asked to provide your account of the events. We will be patient with you when the trauma of an accident affects your ability to remember details. Our aim is to assist you recall as much as you can so we can build a strong case for your damages.

At this stage your lawyer will likely seek an agreement. However, it's not always possible. If no agreement can be reached, your case will move to trial. This could be a bench trial in before a judge or jury, based on the jurisdiction.

The cost of a lawsuit can be expensive. Often the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. This is why the majority of parties wish to settle their claims as swiftly as possible. A settlement can close a claim for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers typically are on a contingent basis and are not paid until they resolve your case. The same goes for plaintiffs who be looking to move on from the accident and its repercussions.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit. Failing to file a lawsuit within an appropriate time frame can bar your claim, meaning that you will not be able to recover compensation for your injuries. An experienced lawyer will be able determine the time limitations that apply to your case.

For instance in car accident cases the law requires you file your claim within three years from the date of your crash. However, there are numerous circumstances that can alter the statute of limitations. The deadline can be tolled in certain circumstances like when you are minor and the event involves an agency of the government.

There may also be a statute of limitation tolling clause in certain circumstances where there is doubt as to the victim's mental state at the time of the accident. Additionally, the statute of limitations can be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer will help ensure that your case is filed promptly and you are in a position to obtain the evidence you require for an effective defense. Many accidents require an investigation which can take time. Physical evidence can also deteriorate with time.

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 that include failure to meet the statue of limitations. Others could be based solely on the merits.

Comparative negligence is a crucial factual defense. This is a legal claim which asserts that the injured person who files the claim should be held partly responsible for the damage or injuries they have sustained. This argument's validity will depend on the state's law. Many states have enacted a type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation. The argument is that the plaintiff took on the risk of injury by participating in a sport such as working out at a gym or playing sports. This is a legitimate defense, however, experienced attorneys are adept at overcoming this argument.

Another defense that is often used is that the injured person did not take the necessary steps to reduce their losses. If a plaintiff claims the loss of earnings as a part of the overall damages, the defendant could argue that the injured party should have taken the necessary steps to finding work, even though this wouldn't have made the claimant whole.