Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other loss of an individual will override their no-fault protection. This is where a motor vehicle lawsuit may be involved.

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

Damages

In a motor vehicle accident lawyer vehicle collision lawsuit, damages are awarded to victims for physical financial, emotional and other personal harm caused by a third party's negligent actions. In most states the tort liability system is in use. This means that the party responsible for the accident is required to compensate the victim for their losses. Twelve states have no-fault insurance, which obliges car owners to have insurance to compensate for any injuries they may cause.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify possible at-fault parties and possible causes of action. This is known as discovery and motor vehicle accident lawsuit involves exchanging documents with your adversaries and requesting details. It is important to remember that your adversary is trying to resolve this case for the least amount of money, and it could take a while before you receive a fair settlement offer.

The amount of the damages you will receive in a lawsuit for Motor Vehicle Accident Lawsuit car accidents will depend on the extent of your injury and the amount of property damage. Your lawyer can assist you calculate the value your claim by incorporating your medical expenses and any future or anticipated costs.

It can be difficult to determine the value of a motor accident claim. But, your attorney will do everything to help your claim and obtain the most compensation possible. Your lawyer will negotiate with insurance companies to achieve a fair resolution that addresses your current and future financial needs.

Liability

During the initial discovery stage 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 may hinder your ability to recall specific details, but we will be patient and compassionate. Our goal is to help recall as much information as possible so that we can make strong arguments on your behalf.

Your lawyer could seek a settlement at this point, but it is not always feasible. If you are unable to reach a settlement, your case will be decided. 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 costly. Insurance companies are usually required to pay for the costs of an attorney, investigator, or any other expert. This is why the majority of parties would like to settle their claims as quickly as possible. A settlement can save both parties time and money as well as conclude the case. Personal injury lawyers are generally paid on a contingency fee and won't be paid until the case has been completed. Plaintiffs also want to move past the accident and its aftermath.

Statute of Limitations

In every lawsuit there is a deadline or limit for filing the case known as the statute of limitation. Failing to start a lawsuit within the period of time allowed can invalidate your claim, which means you will not be able to recover compensation for your injuries. A seasoned attorney will be able to identify the timeframes applicable to your particular case.

For instance in car accident cases the law requires you file your claim within three years of the date of your accident. There are a few exceptions to the statute of limitations. For example, the deadline can be extended (stopped) in certain circumstances like when you're a minor or when the incident involves the services of a government agency.

There could also be a statute of limitations tolling provision in certain cases where there is doubt as to the victim's mental state at the time of the accident. In addition the statute of limitations can be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers through written questions, also known as interrogatories, or in formal testimonies, also known as depositions.

A personal injury lawyer can assist you in ensuring your case is handled in a timely manner and you are capable of obtaining the evidence that you need for a successful defense. Many wrecks require an investigation, which takes time. Additionally, evidence that is physical can degrade as time passes.

Defenses

In any lawsuit involving a motor vehicle accident there are many defenses to be brought up. They include both factual and legal arguments. Some legal defenses are based on procedural questions for example, not meeting the statute of limitations. Others may be solely based on merits.

Comparative negligence is a common factual defense. It is a legal argument which asserts that the injured person who filed the claim should be held partially accountable for the damages or injuries they have sustained. This argument's validity will depend on the laws of the state. Most states have some form of comparative negligent law.

The defense of assumption is also used by defendants to deny plaintiffs their right to compensation. The argument is that the victim assumed risk of injury by engaging in an activity such as working out in a gym or participating in sports. This is a legitimate argument, but experienced attorneys know the best way to overcome it.

Another defense that is often used is that the injured person failed to mitigate their damages. If someone claims the loss of earnings as a component of damages, the defendant could argue that the injured person should have taken steps toward finding work, even though this could not have made the claimant whole.