Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other financial losses a person suffers will exceed their no-fault coverage. A motor vehicle lawsuit may be the most appropriate option in this case.

The procedure of filing a lawsuit starts with your attorney sending the defendant a notice. The defendant then has a chance to respond to the complaint.

Damages

In a lawsuit for motor vehicle accidents accidents, damages are awarded to compensate the financial, physical and any other personal injury caused by the negligence of a third party. In most states, the tort liability system is used. This means that the party responsible for the accident is required to pay the victim for their losses. Twelve states also have no-fault law, which require car owners to carry their own insurance in order to cover the injuries they cause to others.

In the beginning of the legal process your lawyer will conduct a pre-suit inquiry to identify potential liable parties and potential causes of action. This is referred to as discovery. It involves exchanging documents with your adversaries and requesting information. It is crucial to remember that your adversary is trying to resolve this dispute for the smallest amount possible, therefore it may be a while before you receive an acceptable settlement offer.

The amount of damages you receive for a car accident lawsuit depends on the severity of the injuries 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 expenses.

It's not always simple to assess the value of a motor vehicle accident claim, but your lawyer will do their best to create an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement that will address your present and future financial requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin exchanging information with your adversary's insurance company. This could include documents such as accident reports, motor vehicle accident lawsuit medical records and witness statements.

You will also provide your version of what happened. The trauma of an accident can interfere with your ability to recall details, but we will be understanding and patient. Our aim is to help you to recall as much information as is possible so that we can present a strong case on your behalf.

Your lawyer could come to a settlement by this point, but it is not always feasible. If you cannot reach an agreement, the case will be tried. It could be an appeal before a judge, jury or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit can be very high. Insurance companies are typically required to pay for the expenses of an attorney, investigator, or other experts. For this reason, most parties want to settle their claims as swiftly as they can. Settlements will save both parties money and time and end the claim. Personal injury lawyers typically are paid on a contingency basis and are not paid until the case is completed. Plaintiffs will also want to get past the accident and the aftermath.

Statute of Limitations

In every lawsuit there is a deadline or period to file the case called the statute of limitations. Failure to file a lawsuit within an period of time allowed can invalidate your claim, meaning that you are not able to claim compensation the damages you suffered. An experienced attorney can determine the precise time limits for your particular case.

For example in the case of car accidents the law requires that you file your claim within three years from the date of the crash. There are some exceptions to the statute of limitations. The deadline may be extended in certain situations like when you are an under-age person and the incident involves an agency of the government.

There could also be a statute of limitation tolling provision in some cases where there is doubt as to the mental state of the victim at the time of the accident. The statute of limitations can also be tolled when your attorney asks the defendant's lawyer and the defendant for details through written questions, also known as interrogatories or formal depositions.

A personal injury attorney can assist you in ensuring your case is filed promptly and that you are competent to gather the evidence you require to have a strong defense. Many accidents require an investigation, which can take time. Evidence can also change with time.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural issues for example, inability to satisfy the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is a crucial factual defense. This is a legal argument which states that the person who filed the claim should be held partially responsible for the damage or injuries they've sustained. The validity of this argument will be contingent on the laws of the state. Most states have a form of comparative negligent law.

Defendants often use the defense of assumption of risk to attempt to strip plaintiffs of their right to compensation. The argument is that the person who was injured assumed the risk of injury when participating in an activity such as working out at a gym or playing sports. This is a legitimate defense, however, experienced attorneys are adept at overcoming this argument.

Another common defense that could be used is that the party who was injured did not take the necessary steps to reduce their losses. For instance in the event that a person is making a loss of earnings claim as part of their total damages, the defendant can argue that the person who was injured should have taken the necessary steps to find a job even if it would not have been enough to make them whole.