Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other economic losses can be beyond their insurance's no-fault coverage. This is where a motor vehicle accident lawsuits vehicle lawsuit may be involved.

The process of filing suit starts with the lawyer submitting a complaint to the defendant. The defendant then has a chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the physical, financial and other personal injuries resulted from the negligence of another party. In most states the tort liability system is employed. This means that the party who caused the incident is responsible 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 the action. This is called discovery and involves exchanging documents with your adversaries and seeking details. Remember that your adversary is trying to settle this case for as little money as is possible. It could take some time before you receive an offer of a fair settlement.

The amount of damages you receive in a lawsuit for car accidents will be contingent on the severity of your injuries as well as the extent of the damage to your property. Your lawyer can help calculate the value your claim by adding your medical expenses and any future or anticipated costs.

It's not always easy to assess the value of a motor vehicle accident claim, but your attorney will do their best to create an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that meets your financial and future needs.

Liability

During the initial discovery stage of your case, your attorney will start exchanging information with the insurance company of your adversary. This will include documents such accident reports, medical records, and witness statements.

You will also be asked to tell your account of the incident. The trauma of an accident could affect your ability to recall details, however we will be patient and understanding. Our goal is to help remember as much information as we can so that we can present a strong case on your behalf.

At this moment your lawyer will likely come to an agreement. However, it's not always feasible. If you are unable to reach a settlement, your case will be tried. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.

The cost of a lawsuit could be substantial. Often the insurers will have to pay for the cost of the lawyer, investigator, and other experts. For this reason, most parties want to settle their claims as quickly as they can. A settlement can save both parties money and time and conclude the case. Personal injury lawyers are typically paid on a contingency fee and will not get paid until the case has been completed. Equally, plaintiffs desire to move past the injury and its aftermath.

Statute of limitations

In every lawsuit there is a specific time limitation to file the lawsuit known as the statute of limitation. If you fail to submit your lawsuit within the stipulated time period your claim is deemed to be barred. This means you can't recover any compensation for your injuries. An experienced lawyer can establish the time frame for your particular case.

In the case of car accidents, for example, the law obliges you to file your claim within three years of the date of the incident. There are a few exceptions to the statute of limitations. For example, the deadline can be tolled (stopped) under certain circumstances such as when you're an under-age person or if the incident involves the services of a government agency.

There may also be a statute of limitation tolling provision in some cases where there is doubt as to the condition of the victim's mind at the time of the accident. The statute of limitation could also be tolled when your attorney demands from lawyers for the defendant as well as the defendant to provide information via written questions known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence you need for a strong defense. Many accidents require an investigation, which can take time. In addition, physical evidence may degrade as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These are both factual and legal arguments. Some of these defenses to law could be based on procedural factors like the inability to meet the statute of limitations, whereas others could be based upon the merits of a specific case.

Comparative negligence is an important factual defense. It is a legal argument which claims that the injured person who filed the claim should be held partially responsible for the damages or injuries they've suffered. The validity of this argument is contingent on the laws of the state. A majority of states have enacted some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a fair settlement. The argument is that the injured party assumed risk of injury by participating in a sport such as working out in a gym or participating in sports. This is a legitimate argument, but highly experienced attorneys know the best way to defeat it.

Another defense that may be used is that the party who was injured was unable to limit their losses. For instance If a person making a loss of earnings claim as part of their total damages, the defendant can claim that the victim should have taken the necessary steps to find work, even if it would not have paid for their entire loss.