palatine motor vehicle accident law firm Vehicle Accident Lawsuit

In many cases, the medical costs and other expenses of a person could override their no-fault protection. This is where the possibility of a motor vehicle suit could come into play.

The process of filing a lawsuit starts with your attorney sending the defendant a notice. The defendant is then given the chance to respond to the complaint.

Damages

In a motor vehicle crash lawsuit, damages are awarded for physical financial, emotional and other personal harm caused by a third party's negligent actions. The majority of states have the tort liability system, which means that the party who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault insurance laws that oblige car owners to carry their own insurance to cover injuries they cause to other people.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify possible responsible parties and possible causes of the action. This is referred to as discovery. It involves exchanging documents with your adversary and requesting details. It is crucial to keep in mind that your adversary is trying to settle this matter for the lowest amount of money, and it could take a while before you receive an acceptable settlement offer.

The amount of damages you'll receive in a lawsuit over a car accident will depend on the seriousness 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 simple to judge the value of a motor vehicle accident claim, but your lawyer will do their best to create an argument that will support your claim for maximum compensation. Your lawyer will discuss with insurance companies to achieve a fair resolution which addresses your current and future financial needs.

Liability

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

You will be asked to share your account of the events. The trauma of an accident can affect your ability to remember details, but we will be patient and understanding. Our goal is to help recall as much information as you can so that we can present an argument on your behalf.

At this stage your lawyer will most likely negotiate an agreement. However, it is not always feasible. If you cannot reach a settlement, your case will be argued. This could be a bench trial in front of a judge, or a jury, based on the jurisdiction.

The cost of a lawsuit could be expensive. Insurance companies are often required to pay for costs of an attorney, investigator, or any other expert. In this way, the majority of parties are looking to settle their claims as quickly as possible. A settlement can save both parties time and money as well as end the claim. This is the reason why personal injury lawyers generally operate on a contingency basis and are not paid until they settle your case. Plaintiffs will also want to move on from the accident and its aftermath.

Statute of limitations

In every lawsuit there is a deadline or limit to file the case called the statute of limitations. Failing to submit 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 lawyer can establish the exact timeframe for your particular case.

In car accident cases for instance the law obliges you to file your claim within 3 years of the date of the incident. There are some exceptions to the statute of limitations. The deadline may be extended in certain circumstances like when you are minor and the incident involves an agency of the government.

There could also be a statute of limitation tolling clause in certain circumstances when there is doubt about the mental health of the victim at the moment of the incident. The statute of limitations can be tolled if your attorney contacts lawyers for the defendant as well as the defendant for details through written questions known as interrogatories or formal depositions.

A personal injury lawyer can help you ensure that your case is filed promptly and you are in a position to obtain the evidence that you need for motor vehicle accident lawsuit an effective defense. Many accidents require an investigation, which takes time. Physical evidence may also become less reliable as time passes.

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 considerations like failure to meet the statue of limitations. Others could be solely based on merits.

Comparative negligence is an important factual defense. This is a legal argument which asserts that the injured person who filed the claim should be held partially accountable for the harm or injuries they have sustained. If this is an appropriate argument will depend on the laws of the state. Most states have a form of comparative negligent law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the victim was at risk of injury through participating in an activity such as exercising in a gym or participating in sports. This is a valid argument, but experienced attorneys know the best way to counter it.

Another defense that may be used is that the party who was injured failed to mitigate their losses. For example, if a person is making a loss-of-income claim as part of their overall damages, the defendant could argue that the person who was injured should have taken steps to find a job regardless of the fact that it would not have paid for their entire loss.