Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other economic damages will be more than their no-fault insurance coverage. This is where a motor vehicle lawsuit may come into play.

The procedure of filing suit begins with the lawyer submitting a complaint to the defendant. The defendant is then given the chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded for physical, financial and other personal damage caused by another party's negligent actions. The majority of states have the tort liability system, which means that the party responsible for the incident must compensate the victim for his or her losses. Twelve states have no fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the initial phase of the legal process your attorney will conduct a pre-suit probe to determine liable parties and the possible causes of action. This is called discovery and involves exchanging documents with your adversary and requesting details. It is important to remember that your adversary is trying to settle this case for the least amount of money, and it may be a while before you receive a fair settlement offer.

The amount of the damages you will receive in a lawsuit arising from a car accident will be contingent on the severity of your injuries as well as the amount of property damage. Your lawyer can help you determine the value of the claim by adding up your medical expenses as well as any future or projected expenses.

It can be difficult to determine the value of a motor accident claim. However, your attorney will work hard to support your claim and ensure you receive the maximum amount of compensation. Your lawyer will engage with insurance companies in order to negotiate a fair settlement that will address your present and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin to share information with your adversary's insurance company. This will include documents like accident reports and medical records, Motor Vehicle Accident Lawsuit witness statements, and expert opinions.

You will also give your version of what happened. The trauma of an accident may interfere with your ability to recall details, however we will be patient and kind. Our aim is to assist you recall as much as you can so we can present a strong case for your injuries.

At this stage, your lawyer will most likely seek a settlement. However, it's not always possible. If no agreement is reached, the case will be brought to trial. This could be a bench trial front of a judge or jury, based on the jurisdiction.

A lawsuit can be costly. Insurance companies are often required to pay for the costs of an attorney, investigator, or other experts. For this reason, most parties are looking to settle their claims as swiftly as they can. A settlement will save both parties time and money and make the claim more streamlined. Personal injury lawyers are generally paid on a contingency fee and won't be paid until the case is settled. The same goes for plaintiffs who want to move on from the injury and its aftermath.

Statute of Limitations

In every lawsuit there is a specific time period to file the case called the statute of limitations. Failing to file a lawsuit within the appropriate timeframe can halt your claim, which means you cannot recover the damages you suffered. A seasoned attorney will be able to determine the deadlines for your particular case.

For instance when it comes to car accidents the law requires you file your claim within three years from the date of your accident. However, there are numerous circumstances that can alter the statute of limitations. For example, the deadline can be tolled (stopped) in certain circumstances such as when you are an under-age person or if the incident involves the services of a government agency.

In some cases there could be a provision for tolling the statute of limitations when the victim's mental state at the time of the accident is unclear. The statute of limitations could also be tolled when your attorney requests the lawyer for the defendant and the defendant for details through written questions called interrogatories, or formal depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have access to the evidence you require for an effective defense. Many accidents require an investigation, which can take time. In addition, physical evidence may degrade as time passes.

Defenses

There are a myriad of defenses available in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses might be based on procedural matters like a failure to meet the statute of limitations, whereas others could be based on the merits of a particular case.

Comparative negligence is a crucial factual defense. It is a legal argument which asserts that the person who is filing the claim should be held partly accountable for the damage and injuries they have suffered. If this is an appropriate argument will depend on the laws of the state. Many states have a type of comparative negligent law.

Defendants also often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This argument states that the person who was injured assumed the risk of injury when participating in a sport such as working out at a gym or playing sports. This is a valid defense, but experienced lawyers are adept at overcoming this argument.

Another defense that may be used is that the party who was injured failed to mitigate their losses. If a person claims losses in earnings as part of the overall damages, the defendant might argue that the injured party ought to have taken steps towards finding work, even though this could not have made the claimant whole.