Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other economic expenses of a person could override their no-fault protection. A motor vehicle lawsuit may be the best choice in this instance.

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

Damages

In a motor vehicle collision lawsuit, damages are awarded in the event of physical and financial damage caused by another party's negligent actions. In the majority of states, the tort liability system is in use. This means that the person who caused the accident is liable to compensate the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance to protect themselves from injuries they cause to other people.

Your attorney will conduct an investigation prior to filing a lawsuit in order 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 details. It is important to remember that your adversary is trying to resolve this matter for the lowest amount possible, so it could take some time before you receive an acceptable settlement offer.

The amount of damages you receive in a lawsuit over a car accident will depend on the extent of your injury as well as the extent of your property damage. Your lawyer can help you calculate the value your claim by adding in your medical expenses and any future or projected expenses.

It is not always easy to determine the worth of a miami motor vehicle accident lawsuit vehicle accident claim, but your attorney will diligently build an argument that will support your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with a fair settlement that addresses your financial and future needs.

Liability

In the initial discovery phase of your case, your lawyer will begin exchanging information with the insurance company. This includes documents such as accident reports, medical records, testimony statements, and expert opinions.

Also, you will provide your account of what happened. The trauma of an accident could interfere with your ability to recall details, but we will be patient and kind. Our goal is to assist you in to recall as much information as you can in order to make an argument on your behalf.

Your lawyer may negotiate a settlement at this stage, but it's not always feasible. If you can't reach a settlement, your case will be argued. It could be the trial of a judge, jury or both depending on the jurisdiction of your case.

The cost of a lawsuit can be high. Often, motor vehicle accident lawsuit the insurers will have to pay for the cost of the lawyer or investigator as well as other experts. In this way, the majority of parties are looking to resolve their claims as quickly as they can. A settlement can close a claim for both parties and save both time and money. Personal injury lawyers typically are paid on a contingency basis and will not get paid until the case has been settled. Similarly, plaintiffs will want to move on from the incident and its consequences.

Statute of Limitations

In every lawsuit there is a specific time period to file the case known as the statute of limitation. If you don't file your lawsuit within the given time period your claim will be deemed barred. This means that you aren't able to seek compensation for your injuries. An experienced lawyer will be able determine the deadlines applicable to your case.

In car accident cases for instance the law requires you to file a claim within 3 years from the date of the incident. However, there are several exceptions that may affect the time limit for filing a claim. The deadline can be extended in certain situations like if you are minor and the event involves an agency of the government.

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

A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence required for an effective defense. Many accidents require investigation that can take a long time. Additionally, evidence that is physical may degrade as time passes.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some of these defenses to law could be based on procedural matters like failure to meet the deadline for filing, while others may be based on the merits of a specific case.

Comparative negligence is a popular factual defense. This is a legal defense that claims that the person who files the claim should be held partially responsible for the injuries or damages they have sustained. The validity of this argument an acceptable argument will depend on state law. A majority of states have enacted some type of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs the right to compensation. The argument is that the person who was injured took on the risk of injury by participating in an activity like exercising in a gym or participating in sports. This is a valid argument, but skilled lawyers know the best method to resolve it.

Another common defense is that the victim did not take the necessary steps to reduce their losses. If someone asserts a loss in earnings as a part of the overall damages, the defendant can argue that the injured party should have taken the necessary steps to finding work, even if this did not make the claimant whole.