Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic losses can be beyond their insurance coverage that is no fault. A motor vehicle lawsuit might be the best option in this situation.

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

Damages

In a lawsuit involving a motor accident, damages are awarded to compensate the financial, physical and any other personal injury caused by the negligent acts of another party. In the majority of states the tort liability system is employed. This means that the party 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 cover any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit in order to identify any liable parties and potential causes of the action. This is referred to as discovery and involves exchanging documents and seeking information from your adversary. Be aware that your adversary is attempting to settle this case with as little as possible. It may take some time before you get an offer of an acceptable settlement.

The amount of damages you are awarded in a lawsuit over a car accident will depend on the extent of your injuries and the amount of property damage. Your lawyer can help you calculate the value the claim by adding up your medical expenses as well as any future or projected costs.

It's not always simple to assess the value of a motor vehicle crash claim, but your lawyer will work diligently to build a strong case that supports your claim for maximum compensation. Your lawyer will negotiate with the insurance companies to come up with an acceptable settlement that will address your financial and future requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin sharing information with the insurance company. This includes documents like accident reports and medical records, witness statements, as well as expert opinions.

You will also provide your account of what transpired. We will be patient with you if the stress of an accident affects your ability to recall specific details. Our goal is to help to recall as much information as you can to be able to present an argument on your behalf.

Your lawyer could seek a settlement at this point, but it is not always feasible. If no agreement is reached, the case will be brought to trial. This could be a bench trial before a judge or jury, depending on the jurisdiction.

A lawsuit can be expensive. Usually, insurers will need to pay for the cost of the lawyer or investigator as well as other experts. Most parties would like to settle claims as swiftly and efficiently as is possible. A settlement will save both parties time and money and make the claim more streamlined. This is one of the reasons why personal injury lawyers typically work on a contingency basis and don't receive a payment until they settle your case. The same goes for plaintiffs who be looking to move on from the accident and its repercussions.

Statute of Limitations

The statute of limitations is the time frame for filing an action. Failing to start a lawsuit within the appropriate time frame can bar your claim, meaning that you are not able to claim compensation the damages you suffered. An experienced attorney can determine the specific time limits for your particular case.

In car accident cases for instance the law obliges you to file your claim within three years of the date of the incident. However, there are numerous circumstances that can alter your statute of limitations. For instance, the deadline could be extended (stopped) in certain situations such as when you're minor or the accident involves an agency of the government.

In certain cases there could be a provision that will tollerate the statute of limitations if the state of mind of the victim at the time of the accident is uncertain. In addition, the statute of limitations could be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories, or in formal testimonies known as depositions.

A personal injury attorney can help you ensure that your case is handled promptly and that you are in a position to obtain the evidence you require for a successful defense. Many wrecks need an investigation, which may take time. The physical evidence can also degrade with time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These include factual and legal arguments. Some of these legal defenses might be based on procedural factors like failure to meet the deadline for filing, while others could be based upon the merits of a particular case.

Comparative negligence is a crucial factual defense. It is a legal argument which claims that the injured person who files the claim should be held partly accountable for the damages or injuries they've sustained. Whether or not this is an appropriate argument will depend on state law. A majority of states have enacted some form of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. The argument is that the injured party assumed risk of injury by participating in a sport like working out in a gym or participating in sports. This is a valid defense, Motor Vehicle Accident Lawsuit however, experienced attorneys are adept at overcoming this argument.

Another common defense is that the injured person failed to mitigate their damages. For instance, if a person is filing a loss of earnings claim as part of their total damages, motor vehicle accident lawsuit the defendant can argue that the injured party should have taken the necessary steps to find a job even if it could not have been enough to make them whole.