Motor Vehicle Accident Lawsuit

In many cases, the medical expenses and other economic losses a person suffers will outstrip their no-fault insurance. This is where a motor vehicle lawsuit may come into play.

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

Damages

In a motor vehicle accident lawsuit damages are awarded for physical and financial harm caused by a third party's negligent actions. In the majority of states the tort liability system is employed. This means that the person responsible for the accident is required to pay the victim for their losses. Twelve states also follow no-fault insurance laws, which oblige car owners to carry their own insurance to protect themselves from injuries they cause to others.

In the initial stage of the legal process your lawyer will conduct a pre-suit investigation to identify any potential defendants and possible options for action. This is called discovery, and involves exchanging documents and requesting information from your adversaries. It is crucial to remember that your adversary is trying to resolve this case with the least amount of money, and it could take some time before you receive a fair settlement offer.

The amount of damages that you receive for an auto accident lawsuit is contingent on the severity of the injury as well as the extent to which your property is damaged. Your lawyer can help you calculate the value your claim by adding in your medical expenses as well as any future or anticipated expenses.

It's not always straightforward to determine the worth of a motor vehicle crash claim, Motor Vehicle Accident Lawsuit but your lawyer will work diligently to build a strong case that supports your claim to the maximum amount of compensation. Your lawyer will work with insurance companies to reach a fair settlement that addresses your current and future financial needs.

Liability

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

You will also share your version of what transpired. The stress of an accident can hinder your ability to remember details, but we will be understanding and patient. Our aim is to assist you recall as much as you can so we can make a convincing case for your injuries.

Your lawyer could reach a settlement at this point, but it is not always feasible. If you can't reach an agreement, your case will be decided. This could be a bench trial in front of a judge, or a jury, based on the jurisdiction.

The cost of a lawsuit could be expensive. Insurance companies are usually required to cover the costs of an attorney investigator, or any other expert. In this way, the majority of parties want to settle their claims as swiftly as possible. Settlements will save both parties time and money as well as conclude the case. Personal injury lawyers typically are paid on a contingency basis and won't be paid until your case is resolved. Similarly, plaintiffs will want to move on from the accident and its consequences.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit. If you fail to file your lawsuit within the stipulated time period your claim is deemed to be barred. This means you won't be able to recover compensation for the injuries you sustained. An experienced attorney will be able to determine the timeframes for your particular case.

In the case of car accidents for instance, the law requires you to file a claim within 3 years of date of the accident. There are some exceptions to the statute of limitations. For example, the deadline can be tolled (stopped) under certain circumstances such as when you are minor or the incident involves an agency of the government.

There may also be a statute-of-limitations tolling provision in certain cases when there is doubt about the mental health of the victim at the time of the incident. The statute of limitations can be tolled if your attorney requests the defendant's lawyer and the defendant for details through written questions, also known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence you require to mount a an effective defense. Many accidents require an investigation, which can take time. Additionally, evidence from the physical can deteriorate over time.

Defenses

In any case involving a motor vehicle accident there are a variety of defenses that may be brought up. These include legal and factual arguments. Some legal defenses are based on procedural issues that include not meeting the statute of limitations. Others may be solely based on merits.

Comparative negligence is a popular factual defense. This is a legal defense which claims that the injured person who filed the claim should be held partly responsible for the harm and injuries they have suffered. The validity of this argument will depend on the laws of the state. Most states have a form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. This is the claim that the injured party took on the risk of injury if they participated in an activity, such as exercising in a gym or playing sports. This is a valid argument, but highly experienced attorneys know the best way to overcome it.

Another common defense that could be used is that the person who was injured failed to mitigate their losses. For instance when a person is making a loss-of-income claim as part of their total damages, the defendant might argue that the injured party should have taken steps to find a job even if it could not have made them whole.