Motor Vehicle Accident Lawsuit

In many cases, the medical expenses and other economic loss of an individual will exceed their no-fault coverage. This is where the possibility of a motor vehicle suit could play a role.

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

Damages

In a motor vehicle accident law firm vehicle accident lawsuit damages are awarded to compensate the financial, physical and other personal injuries caused by the negligent acts of a third party. In most states, the tort liability system is used. This means that the person who caused the accident has to pay the victim for their losses. Twelve states also follow no-fault insurance laws that oblige car owners to carry their own insurance in order to cover the injuries they cause to others.

Your lawyer will conduct an investigation prior to filing a lawsuit to identify any responsible parties and possible causes of action. This is referred to as discovery. It involves exchanging documents with your adversaries and seeking information. Keep in mind that your adversary will try to settle the case for as little as possible. It could take a bit of time before you get an offer of a fair settlement.

The amount of damage you receive for an auto accident lawsuit is contingent on the extent of the injury and 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 and any projected or future expenses.

It is not always easy to determine the worth of a motor vehicle crash claim, but your attorney will do their best to create a strong case that supports your claim for maximum compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement which addresses your current and future financial needs.

Liability

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

You will also be asked to give your account of the incident. We will be patient with you if the stress of an accident hinders your ability to remember details. Our aim is to help you remember as much information as is possible in order to make a strong case on your behalf.

At this moment your lawyer will most likely negotiate an agreement. However, it's not always feasible. If you are unable to come to an agreement, your case will be heard. It could be the trial of a judge, jury or both depending on your jurisdiction.

A lawsuit can be expensive. Insurance companies are usually required to pay for the expenses of an attorney, investigator, or any other expert. The majority of parties wish to settle claims as swiftly and efficiently as is possible. Settlements can finish a claim on both parties and save both time and money. This is one of the reasons why personal injury lawyers typically operate on a contingency fee and do not get paid until they settle your case. Plaintiffs will also want to move past the accident and its aftermath.

Statute of Limitations

The statute of limitations is the time frame for filing a lawsuit. Failing to submit a lawsuit within the appropriate time frame can bar your claim, meaning you are not able to claim compensation for your injuries. An experienced lawyer can help you determine the timeframes applicable to your particular case.

For instance in car accident cases the law requires that you file your claim within three years of the date of your accident. There are a few exceptions to the statute of limitations. For instance, the deadline could be extended (stopped) in certain circumstances such as when you're minor or the incident involves a government agency.

There may also be a statute-of-limitations tolling clause in certain circumstances when there is doubt about the victim's mental state at the moment of the accident. In addition, the statute of limitations could be tolled during the discovery process when your attorney seeks information from the defendant and their lawyers through written questions known as interrogatories or by way of formal testimonies called depositions.

A personal injury lawyer can assist you in ensuring your case is filed promptly and that you're able to access the evidence that you need to have a strong defense. Many wrecks require an investigation, which takes time. Additionally, evidence that is physical can deteriorate over time.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. They comprise both factual and legal arguments. Some of these legal defenses could be based upon procedural issues such as failure to comply with the statute of limitations, motor vehicle accident lawsuit whereas others could be based on the merits of a specific case.

Comparative negligence is a typical factual defense. It is a legal argument that argues that the injured person who filed the claim should be held partially accountable for the damages and injuries they've suffered. If this is an acceptable argument will depend on state law. Most states have a form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a compensation. This argument states that the victim assumed 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 overcome this argument.

Another common defense that could be used is that the victim was unable to limit their losses. If someone claims losses in earnings as part of the overall damages, the defendant can argue that the injured party should have taken steps toward finding work, even though this did not make the claimant whole.