Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other economic expenses will exceed their no-fault insurance coverage. This is where a motor vehicle lawsuit may be a factor.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and other personal injuries resulted from the negligence of another party. Most states operate under a tort liability system which means that the person responsible for the accident must compensate the victim for his or her losses. Twelve states also have no-fault law, motor vehicle accident lawsuit which oblige car owners to carry their own insurance to cover any injuries they cause to others.

In the initial stage of the legal process, your lawyer will conduct a pre-suit probe to identify any potential defendants and possible legal remedies. This is known as discovery and involves exchanging documents with your adversary and requesting details. Be aware that your adversary will try to settle the case for as little money as is possible. It could take some time before you get an offer of an acceptable settlement.

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

It's not always easy to assess the value of a motor vehicle accident claim, but your lawyer will do their best to create an argument that is strong and supports your claim for the most compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement that meets your current and future financial requirements.

Liability

In the initial discovery phase of your case your attorney will start exchanging information with the insurance company of your adversary. This will include documents such accident reports, medical records, and witness statements.

Also, you will provide your version of what transpired. The trauma of an accident could hinder your ability to recall details, but we will be patient and kind. Our goal is to assist you in remember as much information as you can so that we can present an effective case on your behalf.

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

The cost of a lawsuit may be expensive. Insurance companies are usually required to pay for the costs of an attorney investigator, or other experts. Because of this, many parties wish to settle their claims as swiftly as possible. A settlement will save both parties money and time and end the claim. This is one of the main reasons why personal injury lawyers generally operate on a contingency fee and don't receive a payment until they settle your case. Plaintiffs also want to get past the accident and its aftermath.

Statute of limitations

The statute of limitations is the period of time for filing a lawsuit. If you fail to file your lawsuit within the stipulated time frame, your claim is deemed to be barred. This means you won't be able to recover compensation the damages you suffered. An experienced lawyer will be able determine the deadlines that apply to your case.

For example when it comes to car accidents, the law requires that you submit your claim within three years from the date of the crash. There are a few exceptions to the statute of limitations. For example, the deadline can be tolled (stopped) in certain situations like when you're an under-age person or if the incident involves a government agency.

In some instances, there may be a provision tolling the statute of limitations if the condition of the victim at the time of an accident is in doubt. Additionally, the statute of limitations can be extended during the discovery process when your attorney seeks information from the defendant and their lawyers in written questions called interrogatories or by way of formal deposition or testimonies.

An attorney for personal injuries will help ensure that your case is filed in a timely manner and that you're competent to gather the evidence that you need to be able to defend yourself effectively. Many accidents require an investigation, which takes time. Physical evidence can also deteriorate with time.

Defenses

There are many defenses that can be argued in any san jose motor vehicle accident attorney vehicle accident lawsuit. These comprise both factual and legal arguments. Some legal defenses are based on procedural considerations that include inability to satisfy the statute of limitations. Others could be solely based on merits.

Comparative negligence is an important factual defense. This is a legal argument which states that the person who filed the claim should be held partially accountable for the damages or injuries they have sustained. The validity of this argument will depend on the laws of the state. Most states have adopted some form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This argument states that the injured party was at risk of injury through taking part in an activity, like working out at a gym or playing sports. This is a valid argument, but skilled attorneys know the best way to counter it.

Another common defense that could be used is that the injured party failed to mitigate their losses. For example when a person is filing a loss of earnings claim as part of their total damages, the defendant may claim that the injured party should have taken steps to find a job even if it could not have compensated them fully.