Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other economic losses of a person will exceed their no-fault coverage. This is where a motor vehicle lawsuit could come into play.

The procedure of filing a lawsuit begins with your attorney submitting to the defendant a lawsuit. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical, and any other personal injury caused by the negligent acts of a third party. In most states the tort liability system is in use. This means that the party who caused the accident is liable to compensate the victim for their losses. Twelve states also have no-fault law, which require car owners to carry their own insurance to protect themselves from injuries they cause to others.

In the initial stage of the legal process, your attorney will conduct a pre-suit inquiry to identify possible liable parties and the possible reasons for action. This is known as discovery and involves exchanging documents with your adversaries and seeking information. Remember that your opponent will try to settle the case for as little as is possible. It may take some time before you get an offer of a fair settlement.

The amount of the damages you will receive in a car accident lawsuit will depend on the severity of your injuries as well as the extent of your property damage. Your lawyer can help you calculate the value your claim by adding your medical expenses and any projected or future expenses.

It can be difficult to determine the value of a motor accident claim. But, your attorney will work hard to support your claim and secure the most compensation possible. Your lawyer will negotiate with the insurance companies to negotiate an equitable settlement that takes into account your current and future financial needs.

Liability

In the initial discovery phase of your case your attorney will begin to exchange information with the insurance company of your adversary. This will include documents such accident reports, medical records and witness statements.

You will be asked to share your own version of what happened. We will be patient with you if the stress of an accident interferes with your ability recall details. Our aim is to assist you recall as much as possible so we can make a convincing case for your damages.

At this moment your lawyer will likely reach an agreement. However, it's not always feasible. If a settlement isn't reached, the case will go to trial. This could be a bench trial before a judge or jury, based on the jurisdiction.

A lawsuit can be costly. Often the insurers will have to cover the costs of the lawyer and investigator as well as other experts. The majority of parties wish to settle claims as fast and efficiently as they can. A settlement will save both parties time and money and conclude the case. Personal injury lawyers are typically paid on a contingency fee and will not get paid until your case is concluded. Equally, plaintiffs be looking to move on from the accident and its consequences.

Statute of limitations

The statute of limitations is the time limit for filing an action. Failure to file a lawsuit within the proper time frame could halt your claim, meaning that you are not able to claim compensation for your injuries. An experienced attorney will be able to identify the timeframes for your particular case.

In car accident cases for instance the law requires you to file a claim within 3 years of date of the accident. There are some exceptions to the statute of limitations. For instance, the deadline may be extended (stopped) in certain circumstances such as when you're a minor or when the incident involves the services of a government agency.

There could also be a statute of limitation tolling option in certain instances when there is doubt over the victim's mental state at the moment of the accident. The statute of limitations may be tolled if your attorney asks the defendant's lawyer and the defendant for details through written interrogatories, or formal depositions.

A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence required for a strong defense. Many accidents require an investigation, which can take time. In addition, physical evidence is susceptible to deterioration as time passes.

Defenses

There are a range of defenses available in any motor vehicle accident lawsuits vehicle accident lawsuit. These comprise both factual and legal arguments. Some legal defenses are based on procedural questions like inability to satisfy the statute of limitations. Others could be solely based on merits.

Comparative negligence is a typical factual defense. This is a legal argument that claims that the person who filed the claim should be held partially responsible for the harm or injuries they have sustained. This argument's validity will depend on the law of the state. Most states have adopted some type of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This is the argument that the person who was injured assumed the risk of injury when they took part in an activity, such as exercising at a gym or playing a sport. This is a valid defense, but experienced attorneys know how to overcome this argument.

Another defense that may be used is that the injured party did not take the necessary steps to reduce 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 might argue that the person who was injured should have taken steps to find work even if it would not have been enough to make them whole.