Motor Vehicle Accident Lawsuit

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

The process of filing suit begins with the lawyer submitting an official complaint to the defendant. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the financial, physical, and other personal injuries resulted from the negligence of another party. The majority of states use a tort liability system which means that the party responsible for the incident must pay compensation to the victim for his or her losses. Twelve states have no fault insurance, which requires car owners to carry insurance to compensate for any injuries they may cause.

Your attorney will conduct an investigation prior to filing a lawsuit in order to identify potential responsible parties and possible causes of action. This is referred to as discovery. It involves exchanging documents with your adversary and seeking details. It is important to remember that your adversary is trying to settle this case with the least amount possible, so it may be a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a car accident lawsuit will depend on the extent of your injuries and the amount of property damage. Your lawyer will be able to help you calculate the value of your claim by adding up the medical expenses you incur, including any future or projected costs, and evaluating the amount of damage to your property.

It isn't always easy to determine the value of a motor accident claim. But, your attorney will be able to prove your claim and get you the maximum amount of money. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that meets your financial and future needs.

Liability

During the initial discovery phase of your case, your attorney will begin to exchange information with the insurance company. This will include documents like accident reports, medical records, and witness statements.

You will be asked to share your own version of what happened. We will be patient with you if the stress of an accident impedes your ability to recall specific details. Our aim is to assist you remember as much as is possible so that we can present a convincing argument for your damages.

Your lawyer could come to a settlement by this point, but it is not always feasible. If a settlement isn't reached, the case will be brought to trial. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are usually required to pay for expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as fast and efficiently as is possible. Settlement will make a claim void for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency basis and will not get paid until the case has been concluded. In the same way, plaintiffs want to move on from the injury and its aftermath.

Statute of Limitations

In every lawsuit there is a deadline or limitation to file the lawsuit known as the statute of limitation. Failure to file a lawsuit within the period of time allowed can invalidate your claim, meaning that you will not be able to recover compensation the damages you suffered. An experienced attorney can determine the precise time limits for your case.

For instance in car accident cases the law requires you file your claim within three years from the date of your crash. There are a few exceptions to the statute of limitations. The deadline can be extended in certain situations for instance, if you are a minor motor vehicle accident lawsuit and the accident involves an agency of the government.

There could also be a statute of limitation tolling option in certain instances in the event of doubt regarding the condition of the victim's mind at the time of the accident. The statute of limitation could be tolled if your attorney contacts the defendant's lawyer and the defendant to provide information through written questions, also known as interrogatories or formal depositions.

A personal injury attorney will help ensure that your case is filed promptly and that you're able to access the evidence that you need for an effective defense. Many accidents require an investigation, which takes time. The physical evidence can also degrade as time passes.

Defenses

There are many defenses that can be raised in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural questions that include not meeting the statute of limitations. Others may be based solely on the merits.

The concept of comparative negligence is a common factual defense. This is a legal defense that argues that the injured person who filed the claim should be held partially responsible for the injuries and damages they have suffered. The validity of this argument an appropriate argument will depend on the state's law. Most states have a form of comparative negligence law.

Defendants often use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This argument states that the victim took on the risk of injury by taking part in an activity, like exercising at a gym or playing sports. This is a legitimate defense, however, experienced attorneys know how to overcome this argument.

Another defense that is often used is that the injured person failed to minimize their losses. If someone asserts the loss of earnings as part of the overall damages, the defendant may argue that the victim should have taken steps toward finding work, even though this could not have made the claimant whole.