Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses can be beyond their no-fault insurance coverage. This is where a motor vehicle lawsuit might be involved.

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

Damages

In a motor vehicle accident law firm vehicle accident lawsuit damages are awarded to pay for the financial, physical and any other personal injury caused by the negligence of a third party. Most states follow a tort liability system, which means that the person who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no-fault insurance which requires car owners to carry insurance to protect themselves from any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to identify any liable parties and potential causes of action. This is known as discovery and it involves exchanging documents and requesting information from your adversary. Remember that your adversary is trying to settle this case with as little as is possible. It could take some time before you get an offer of an acceptable settlement.

The amount of damages that you receive for an injury lawsuit in a car depends on the extent of the injury and the extent to the extent your property was damaged. Your lawyer can assist you determine the value of your claim by adding in your medical expenses as well as any future or projected costs.

It's not always simple 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 for maximum compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that meets your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin to share details with your adversary's insurance company. This will include documents like accident reports, medical records and witness statements.

You will also share your version of what transpired. We will be patient with you when the trauma of an accident hinders your ability to remember details. Our goal is to assist you recall as much as you can, so we can make a convincing argument for your damages.

Your lawyer is likely to reach a settlement at this point, but it is not always possible. If no agreement can be reached, the case will move to trial. It could be a trial before a judge, jury or both depending on the jurisdiction of your case.

The cost of a lawsuit may be expensive. Insurance companies are often required to pay for costs of an attorney, investigator, or any other expert. This is why the majority of parties wish to settle their claims as fast as possible. A settlement can close a claim for both sides and save everyone time and money. Personal injury lawyers typically are paid on a contingency fee and will not get paid until the case is completed. In the same way, plaintiffs wish to move on from the accident and its repercussions.

Statute of limitations

In every lawsuit there is a time limit to file the case called the statute of limitations. If you don't file your lawsuit within the given timeframe, your claim is deemed to be barred. This means you aren't able to seek compensation any compensation for your injuries. A seasoned attorney will be able to identify the timeframes that apply to your case.

In the case of car accidents for instance, the law obliges you to file your claim within 3 years from the date of the accident. There are some exceptions to the statute of limitations. The deadline may be extended in certain circumstances, such as if you are a minor and the accident involves an agency of the government.

In certain circumstances, there may be a provision for tolling the statute of limitations if the state of mind of the victim at the time of an accident is in doubt. In addition, the statute of limitation can be tolled during the discovery process when your attorney seeks information from the defendant and his or her lawyers in written questions called interrogatories or by way of formal deposition or testimonies.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have the evidence you need for an effective defense. Many accidents require an investigation, which takes time. Furthermore, evidence found on the ground can degrade over time.

Defenses

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

Comparative negligence is a popular factual defense. This is a legal defense which claims that the injured person who filed the claim should be held partly responsible for the harm or injuries they've suffered. The validity of this argument is contingent on the state's law. Most states have some form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. This argument states that the victim assumed the risk of injury when participating in an activity like working out in a gym or participating in sports. This is a valid defense, however, experienced lawyers know how to get around this argument.

Another defense that is often used is that the injured person failed to minimize their losses. If a plaintiff claims a loss in earnings as part of their overall damages, the defendant might argue that the victim should have taken steps toward finding work, even though this would not have made the claimant whole.