Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other financial losses a person suffers will exceed their no-fault coverage. This is where the possibility of a motor vehicle suit could come into play.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the physical, financial and other personal injuries caused by the negligent actions of a third party. Most states operate under the tort liability system, which means that the party responsible for the accident must compensate the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the initial stage of the legal process your lawyer will conduct a presuit investigation to determine liable parties and possible causes of action. This is called discovery, and it involves exchanging documents and seeking information from your adversary. Be aware that your adversary is trying to settle this case for as little as they can. It could take a bit of time before you receive an offer of an acceptable settlement.

The amount of damages that you receive from a lawsuit arising from a car accident is contingent on the severity of the injuries and the extent to which your property is damaged. Your lawyer can assist you in calculating the value of your claim by adding up your medical expenses, including any future or anticipated costs, as well as assessing the extent of your property damage.

It is not always easy to determine the value of a motor vehicle accident lawyer vehicle accident claim, but your lawyer will diligently build an argument that will support your claim to the maximum amount of compensation. Your lawyer will work with insurance companies to reach a fair settlement that addresses your current and future financial needs.

Liability

During the initial discovery stage of your case, your lawyer will begin sharing information with the insurance company of your adversary. This will include documents like accident reports, medical records and witness statements.

You will also provide your version of what happened. We will be patient with you if the stress of an accident impedes your ability to remember details. Our goal is to assist you recall as much as is possible so that we can make a convincing case for your damages.

At this point your lawyer will most likely negotiate a settlement. However, it is not always feasible. If no agreement can be reached, the case will be taken to trial. It could be an in-person trial before either a jury or a judge or both, depending on the jurisdiction of your case.

A lawsuit can be expensive. Often the insurers will have to pay for the cost of the lawyer and investigator as well as other experts. Most parties would like to settle claims as swiftly and efficiently as is possible. A settlement will close a claim for both parties and save both time and money. This is one of the reasons why personal injury lawyers generally operate on a contingency fee and do not get paid until they resolve your case. Plaintiffs also want to move past the accident and its aftermath.

Statute of Limitations

The statute of limitations is the time frame for filing a lawsuit. Failure to file a lawsuit within an appropriate time frame can bar your claim, meaning that you won't be able to seek compensation for your injuries. An experienced attorney will be able to determine the timeframes that apply to your case.

In cases involving car accidents for instance the law requires you to file a claim within 3 years from the date of the accident. There are some exceptions to the statute of limitations. For instance, the deadline could be tolled (stopped) in certain situations like when you're minor or the incident involves an agency of the government.

In some instances there could be a provision for tolling the statute of limitations if the condition of the victim at the time of an accident is in doubt. Additionally, the statute of limitations could be extended during the discovery process in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories, or in formal testimonies called depositions.

An attorney for personal injuries can help you ensure that your case is filed promptly and that you are competent to gather the evidence you require for a successful defense. Many accidents require an investigation, which takes time. Physical evidence can also deteriorate with time.

Defenses

There are a variety of defenses available in any motor vehicle accident lawsuit. These include factual and Motor Vehicle Accident Lawsuit legal arguments. Some legal defenses are based on procedural issues, such as inability to satisfy the statute of limitations. Others may be based solely on the merits.

Comparative negligence is a popular factual defense. This is a legal defense which states that the person who files the claim should be held partly responsible for the injuries or damages they've suffered. The validity of this argument a valid argument will depend on the laws of the state. The majority of states have adopted a type of comparative negligence 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 person who was injured assumed the risk of injury when they took part in the course of exercising in a gym or playing a sport. This is a legitimate argument, but experienced lawyers know the best method to defeat it.

Another defense that may be used is that the person who was injured did not adequately compensate for their losses. For instance If a person making a loss-of-income claim as part of their overall damages, the defendant could claim that the victim should have taken the necessary steps to find work even if it could not have paid for their entire loss.