Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other economic losses can be beyond their no-fault insurance coverage. This is where the possibility of a motor vehicle suit could come into play.

The process of filing a lawsuit begins by sending your attorney to the defendant a formal complaint. The defendant is given the chance to respond to your complaint.

Damages

In a lawsuit involving a bend motor vehicle accident law firm accident damages are awarded to compensate for the financial, physical and other personal injuries caused by the negligent actions of a third party. Most states follow a tort liability system which means that the person responsible for the incident must 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.

In the initial stage of the legal process, your attorney will conduct a presuit investigation to identify possible liable parties and the possible reasons for action. This is referred to as discovery and involves transferring documents and requesting information from your adversaries. It is crucial to remember that your adversary is trying to resolve this matter for the lowest amount possible, therefore it could take a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a lawsuit arising from a car accident will depend on the extent of your injuries as well as the amount of property damage. Your lawyer can assist you determine the value of your claim by adding in your medical expenses as well as any future or anticipated costs.

It is not always easy to assess the value of a motor vehicle crash claim, but your lawyer will be diligent in constructing an argument that is strong and supports your claim for the most compensation. 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 phase of your case, your lawyer will begin to exchange information with your adversary's insurance company. This includes documents like accident reports and medical records, testimony statements, and expert opinions.

You will also give your version of what happened. The trauma of an accident may hinder your ability to recall details, but we will be understanding and patient. Our aim is to help you to recall as much information as is possible in order to make a strong case on your behalf.

At this moment your lawyer will most likely reach an agreement. However, it's not always possible. If a settlement isn't reached, your case will be taken to trial. It could be an in-person trial before the jury, a judge or both depending on your jurisdiction.

A lawsuit can be costly. Insurance companies are usually required to pay the costs of an attorney, investigator, or any other expert. For this reason, most parties wish to settle their claims as fast as they can. A settlement can save both parties money and time and end the claim. This is one of the reasons that personal injury lawyers usually operate on a contingency basis and do not get paid until they settle your case. Plaintiffs will also want to move past the incident and the aftermath.

Statute of limitations

In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitations. Failure to file a lawsuit within the appropriate timeframe can halt your claim, meaning that you cannot recover the damages you suffered. An experienced attorney can determine the precise time limits for your particular case.

For instance in the case of car accidents the law requires you file your claim within three years from the date of your accident. However, there are numerous exceptions that may affect the time limit for filing a claim. The deadline may be extended in certain circumstances, such as if you are an under-age person and the incident involves an agency of the government.

There could also be a statute of limitations tolling clause in certain circumstances when there is doubt over the mental state of the victim at the time of the accident. In addition the statute of limitations could be extended during the discovery process when your attorney asks for Motor Vehicle Accident Lawsuit information from the defendant and his or her lawyers through written questions referred to as interrogatories or through a formal testimonies, also known as depositions.

A personal injury lawyer can help you ensure that your case is filed in a timely manner and you are competent to gather the evidence you require for an effective defense. Many accidents require an investigation, which may take time. Physical evidence can also deteriorate with time.

Defenses

In any case involving a motor vehicle accident there are many defenses that could be raised. They include both factual and legal arguments. Some legal defenses are based on procedural considerations for example, inability to satisfy the statute of limitations. Others may be solely based on merits.

Comparative negligence is a common factual defense. This is a legal defense that claims that the person who files the claim should be held partly responsible for the harm or injuries they have sustained. The validity of this argument is contingent on the state law. Most states have a form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. The argument is that the injured party took on the risk of injury by engaging in an activity like exercising at a gym or playing sports. This is a legitimate defense, however, skilled lawyers know how to get around this argument.

Another defense that is often used is that the victim failed to mitigate their damages. If someone claims an income loss as a component of damages, the defendant may argue that the injured party should have taken steps towards finding work, even though this wouldn't have made the claimant whole.