Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses can be beyond their insurance's no-fault coverage. This is where the possibility of a motor vehicle suit could play a role.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the physical, financial 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 accident is liable to compensate the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to cover any injuries they cause.

In the initial phase of the legal process your lawyer will conduct a pre-suit investigation to identify potential liable parties and possible causes of action. This is called discovery, and involves transferring documents and requesting information from your adversary. It is important to remember that your adversary is trying to resolve this matter for the lowest amount of money, and it could take some time before you receive a fair settlement offer.

The amount of damages that you will receive in a car accident lawsuit depends 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 your medical expenses, including any future or anticipated expenses, and assessing the amount of damage to your property.

It's not always easy to determine the worth of a motor vehicle accident claim, but your lawyer will work diligently to build an argument that can support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to negotiate 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 details with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.

You will also provide your version of what happened. The trauma of an accident can hinder your ability to remember details, but we will be patient and compassionate. Our aim is to assist you remember as much as possible so we can make a convincing argument for your damages.

At this point your lawyer will likely negotiate a settlement. However, it's not always feasible. If you are unable to reach a settlement, your case will be argued. It could be a trial before a judge, jury or both, depending on the jurisdiction in which you reside.

A lawsuit can be costly. Insurance companies are often required to pay for expenses of an attorney, investigator, or other experts. This is why the majority of parties want to settle their claims as swiftly as they can. Settlement will make a claim void for both parties and save both time and money. This is one of the reasons that personal injury lawyers usually operate on a contingency basis and don't get paid until they have resolved your case. The same goes for plaintiffs who wish to move on from the injury and its aftermath.

Statute of Limitations

The statute of limitations is the period of time for filing an action. Failing to file a lawsuit within the appropriate time frame can bar your claim, meaning you are not able to claim compensation for your injuries. A knowledgeable attorney can determine the precise time limits for your particular case.

In car accident cases, for example, the law requires you to file your claim within 3 years from the date of the incident. However, there are a few exceptions that may affect the time limit for filing a claim. For instance, the deadline could be extended (stopped) in certain circumstances such as when you're minor or if the accident involves a government agency.

In some cases, there may be a provision allowing the statute of limitations in cases where the state of mind of the victim at the time of an accident is unclear. The statute of limitation could also be tolled when your attorney asks the defendant's lawyer and the defendant to provide information through written questions, also known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have the evidence you need for a strong defense. Many wrecks require an investigation, which takes time. Furthermore, evidence found on the ground can deteriorate over time.

Defenses

There are a variety of defenses available in any motor vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural questions for example, failure to comply with the statute of limitations. Others may be solely based on merits.

Comparative negligence is a crucial factual defense. This is a legal defense that claims that the person who files the claim should be held partially responsible for the damages or injuries they've sustained. This argument's validity will depend on the law of the state. Many states have a type of comparative negligent law.

Defendants also often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This is the argument that the injured party accepted the risk of injury by participating in an activity, like working out at a gym, or playing sports. This is a legitimate argument, but highly experienced lawyers know the best method to resolve it.

Another defense that is often used is that the person who suffered injury failed to mitigate their damages. If someone claims the loss of earnings as part of the overall damages, the defendant can argue that the victim ought to have taken steps towards finding work, even though this wouldn't have made the claimant whole.