Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic damages will be more than their insurance's no-fault coverage. This is where a motor vehicle lawsuit could play a role.

The process of filing suit begins with your lawyer submitting a complaint to the defendant. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the financial, physical and other personal injuries resulted from the negligence of another party. In most states the tort liability system is utilized. This means that the person who caused the incident is responsible to pay the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to pay for any injuries they cause.

In the beginning of the legal process your lawyer will conduct a presuit investigation to identify potential liable parties and potential options for action. This process is known 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 matter for the lowest amount possible, therefore it may be a while before you receive a fair settlement offer.

The amount of damages that you receive from a car accident lawsuit depends on the severity of the injury as well as the extent to which your property has been damaged. Your lawyer can help you determine the value of your claim by incorporating your medical expenses as well as any future or anticipated costs.

It is not always easy to determine the worth of a motor vehicle crash claim, but your attorney will work diligently to build an argument that is strong and supports your claim for maximum compensation. Your lawyer will discuss with insurance companies to achieve a fair resolution that will address your present and future financial requirements.

Liability

During the initial discovery phase of your case your attorney will begin to exchange information with the insurance company of your adversary. This could include documents such as accident reports and medical records, testimony statements, and expert opinions.

You will also share your version of what transpired. The trauma of an accident may hinder your ability to recall details, however we will be patient and kind. Our aim is to assist you recall as much as you can, so we can make a convincing argument for your claim.

At this moment your lawyer will most likely come to an agreement. However, it's not always possible. If you can't come to an agreement, your case will be tried. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.

The cost of a lawsuit could be very high. Insurance companies are typically required to pay for expenses of an attorney, investigator, or any other expert. Because of this, many parties would like to settle their claims as swiftly as possible. A settlement can save both parties money and time and make the claim more streamlined. This is one of the main reasons why personal injury lawyers generally operate on a contingency fee and are not paid until they resolve your case. Similarly, plaintiffs will desire to move past the accident and its repercussions.

Statute of limitations

In every lawsuit there is a deadline or limit to file the case known as the statute of limitations. Failing to file a lawsuit within an appropriate time frame can bar your claim, meaning that you cannot recover for your injuries. An experienced attorney can determine the precise time limits for your particular case.

In cases involving car accidents, for example the law obliges you to file your claim within 3 years from the date of the incident. However, there are many exceptions that could affect the time limit for filing a claim. For instance, the deadline could be tolled (stopped) in certain circumstances such as when you are an under-age person or if the incident involves the services of a government agency.

There may also be a statute of limitation tolling clause in certain circumstances in the event of doubt regarding the condition of the victim's mind at the time of the accident. The statute of limitations could also be tolled when your attorney contacts the defendant's lawyer and the defendant for details through written questions known as interrogatories or Motor Vehicle Accident Lawsuit formal depositions.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have the evidence you need for a strong defense. Many wrecks require an investigation that can take a long time. Additionally, evidence that is physical may degrade over time.

Defenses

In any lawsuit involving the accident of a motor vehicle there are many defenses that may be brought up. These include legal and factual arguments. Some legal defenses are based on procedural issues, such as inability to satisfy the statute of limitations. Others could be solely based on merits.

Comparative negligence is a typical factual defense. It is a legal argument which asserts that the person who is filing the claim should be held responsible for the damages and injuries they've suffered. This argument's validity will depend on the laws of the state. Many states have enacted a kind of law governing comparative negligence.

The defense of assumption is also used by defendants to deny plaintiffs the right to a fair settlement. This argument states that the person who was injured assumed the risk of injury by participating in an activity, motor vehicle accident lawsuit like exercising at a gym or playing a sport. This is a legitimate argument, but experienced lawyers know the best method to counter it.

Another common defense that could be used is that the victim was unable to limit their losses. For example in the event that a person is making a loss of earnings claim as part of their overall damages, the defendant can claim that the injured party should have taken the necessary steps to find work even if it could not have compensated them fully.