Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other financial loss of an individual will exceed their no-fault coverage. This is where a motor vehicle accident attorneys vehicle lawsuit might play a role.

The process of filing a lawsuit starts by sending your attorney to the defendant a lawsuit. The defendant then has a chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical, and other personal injuries caused by the negligent acts of a third party. In the majority of states, the tort liability system is employed. 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 obliges car owners to have insurance to pay for any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to identify any accountable parties and potential causes of the action. This is called discovery, and involves exchanging documents and requesting information from your adversaries. Be aware that your adversary is seeking to settle this matter for as little as they can. It could take a bit of time before you get an offer of an acceptable settlement.

The amount of damage you receive from a lawsuit arising from a car accident is contingent on the extent of the injury and the extent to which your property is damaged. Your lawyer can help you calculate the value of your claim by adding up the medical expenses you incur, including any projected or future costs, as well as assessing the extent of the damage to your property.

It is not easy to assess the value of a motor vehicle accident law firm accident claim. But, your attorney will work hard to support your claim and ensure you receive the most compensation possible. Your lawyer will negotiate with insurance companies to reach a fair settlement which addresses your current and future financial needs.

Liability

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

You will be asked to provide your account of the events. We will be patient with you when the trauma of an accident interferes with your ability to remember details. Our goal is to help to recall as much information as you can so that we can present a strong case on your behalf.

At this stage your lawyer will most likely reach a settlement. However, it's not always possible. If a settlement isn't reached, your case will be taken to trial. It could be an in-person trial before the jury, a judge or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit could be high. In most cases, the insurance companies will have to pay for the cost of the lawyer or investigator as well as other experts. In this way, the majority of parties wish to resolve their claims as quickly as they can. A settlement can make a claim void for both parties and save both time and money. This is one of the main reasons that personal injury lawyers usually operate on a contingency basis and don't receive a payment until they settle your case. Plaintiffs will also want to move on from the incident and the aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing an action. Failure to submit a lawsuit within the proper time frame could halt your claim, meaning that you will not be able to recover compensation for your injuries. An experienced lawyer can establish the specific time limits for your particular case.

In cases involving car accidents for instance the law obliges you to file your claim within 3 years from the date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline may be extended (stopped) in certain situations such as when you are minor or if the incident involves an agency of the government.

In certain circumstances, there may be a provision tolling the statute of limitations when the victim's mental state at the time of an accident is uncertain. Additionally, the statute of limitation can be tolled during the discovery process when your attorney requests information from the defendant and his or her lawyers through written questions referred to as interrogatories or via formal testimonies called depositions.

A personal injury lawyer can help you ensure that your case is handled in a timely manner and you are competent to gather the evidence you require to have a strong defense. Many wrecks require an investigation, which may take time. Physical evidence can also deteriorate with time.

Defenses

There are a variety of defenses that could be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses may be based on procedural factors like the inability to meet the deadline for filing, while others might be based on the merits of a particular case.

Comparative negligence is a typical factual defense. This is a legal defense which states that the person who files the claim should be held partially responsible for the injuries or damages they've suffered. The validity of this argument is contingent on the law of the state. Most states have a form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation. This is the claim that an injured party assumed the risk of injury by participating in some activity, for example, training at a gym or playing an athletic game. This is a valid defense, however, highly skilled lawyers know how to get around this argument.

Another common defense that can be used is that the party who was injured failed to mitigate their losses. For instance in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant could argue that the injured party should have taken steps to find a job, even if it would not have compensated them fully.