Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic loss of an individual will outstrip their no-fault insurance. This is where a motor vehicle lawsuit might be involved.

The process of filing suit begins with your lawyer submitting a complaint to the defendant. The defendant is then given the chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the financial, physical, and any other personal injury resulted from the negligence of another party. Most states operate under a tort liability system, which means that the person who caused the accident has to compensate the victim for his or her 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 attorney will conduct a pre-suit investigation to identify potential liable parties and possible options for action. This is known as discovery, and it involves exchanging documents and seeking information from your adversaries. It is crucial to remember that your adversary is trying to settle this case for the least amount of money, and it may be a while before you receive a fair settlement offer.

The amount of damages that you receive for a car accident lawsuit depends on the severity of the injury as well as the extent to which your property is damaged. Your lawyer will be able to help you calculate the value of your claim by adding the medical expenses you incur, including any future or projected costs, and evaluating the amount of damage to your property.

It's not always straightforward to determine the value of a motor vehicle accident lawsuits vehicle accident claim, but your attorney will diligently build an argument that is strong and supports your claim for the highest amount of compensation. Your lawyer will engage with insurance companies in order to negotiate a fair settlement that meets your current and future financial requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin sharing information with the insurance company of your adversary. This could include documents like accident reports and medical records, witness statements, as well as expert opinions.

You will also give your version of what happened. The stress of an accident can interfere with your ability to recall details, however we will be understanding and patient. Our aim is to help you remember as much as you can so we can present a strong argument for your claim.

At this point, your lawyer will most likely reach a settlement. However, it's not always feasible. If an agreement is not reached, your case will go to trial. It could be a trial before the jury, 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 as well as the investigator and other experts. Because of this, many parties would like to resolve their claims as quickly as possible. Settlement will make a claim void for both sides and save everyone time and money. This is one of the reasons that personal injury lawyers usually are on a contingent basis and don't get paid until they are able to settle your case. The same goes for plaintiffs who desire to move past the accident and its repercussions.

Statute of limitations

The statute of limitations is the deadline for filing a lawsuit. Failing to file a lawsuit within the period of time allowed can invalidate your claim, meaning that you are not able to claim compensation for your injuries. An experienced attorney can help you determine the time frame for your particular case.

In the case of car accidents, for example, motor vehicle accident lawsuit the law obliges you to file a claim within 3 years of the date of the accident. However, there are several circumstances that can alter the time limit for filing a claim. The deadline can be extended in certain circumstances like if you are minor and the event involves an agency of the government.

There could also be a statute of limitation tolling clause in certain circumstances where there is doubt as to the condition of the victim's mind at the time of the incident. The statute of limitations can be tolled if your attorney contacts the defendant's lawyer and the defendant for information through written interrogatories, or formal depositions.

An attorney for personal injuries can assist you in ensuring that your case is filed promptly and you are in a position to obtain the evidence that you need to be able to defend yourself effectively. Many accidents require an investigation which can take time. Physical evidence may also become less reliable as time passes.

Defenses

There are many defenses that could be argued in any motor vehicle accident lawsuit. These are both factual and legal arguments. Some legal defenses are based on procedural issues for example, not meeting the statute of limitations. Others may be solely based on merits.

The concept of comparative negligence is a common factual defense. This is a legal defense which states that the person who files the claim should be held partially accountable for the damage or injuries they have sustained. The validity of this argument is contingent on the state law. A majority of states have enacted some type of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and deny plaintiffs their right to compensation. This argument states that the injured party took on the risk of injury if they participated in some activity, for example, working out at a gym, or playing an athletic game. This is a valid defense, but experienced attorneys are able to circumvent this argument.

Another defense that may be used is that the injured party did not take the necessary steps to reduce their losses. For example in the event that a person is making a loss-of-income claim as part of their overall damages, the defendant might claim that the victim should have taken the necessary steps to find a job even if it could not have been enough to make them whole.