Motor Vehicle Accident Lawsuit

In many cases, medical costs and other financial losses a person suffers will outstrip their no-fault insurance. A motor vehicle lawsuit might be the most appropriate option in this case.

The procedure of filing a lawsuit begins with your attorney sending the defendant a notice. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded in the event of physical, financial and other personal damage caused by another party's negligent actions. Most states operate under a tort liability system, which means that the party responsible for the accident must compensate the victim for their losses. Twelve states have no-fault insurance, which obliges car owners to have insurance to protect themselves from any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to determine liable parties and potential causes of the action. This is known as discovery and it involves exchanging papers and requesting information from your adversaries. Keep in mind that your adversary is seeking to settle this case for as little money as is possible. It could take a bit of time before you get an offer of a fair settlement.

The amount of the damages you will receive in a lawsuit arising from a car accident will depend on the extent of your injury and the amount of property damage. Your lawyer can assist you calculate the value your claim by adding your medical expenses and any future or anticipated expenses.

It can be difficult to determine the value of a car accident claim. But, your attorney will do everything to help your claim and ensure you receive maximum compensation. Your lawyer will negotiate with insurance companies to negotiate an acceptable settlement that will address your financial and future requirements.

Liability

In the initial discovery phase of your case your attorney will begin to exchange information with the insurance company of your adversary. This includes documents such as accident reports, medical records, and witness statements.

You will also be asked to tell your account of the incident. We will be patient with you when the trauma of an accident affects your ability recall details. Our goal is to help recall as much information as you can so that we can make an effective case on your behalf.

At this stage your lawyer will most likely negotiate an agreement. However, it is not always feasible. If no agreement is reached, your case will go to trial. It could be the trial of either a jury or a judge or both depending on the jurisdiction of your case.

The cost of a lawsuit may be very high. Insurance companies are often required to pay the costs of an attorney, investigator, or other experts. This is why the majority of parties are looking to settle their claims as quickly as possible. Settlement will make a claim void for both parties and save both time and money. Personal injury lawyers are usually paid on a contingency fee and will not get paid until your case is resolved. Plaintiffs will also want to get past the incident and its aftermath.

Statute of Limitations

In every lawsuit there is a specific time limit to file the case called the statute of limitations. If you don't submit your lawsuit within the given time frame your claim will be barred. This means you can't recover any compensation for your injuries. A seasoned attorney will be able to determine the deadlines applicable to your particular case.

For Motor Vehicle Accident Lawsuit instance, in car accident cases, the law requires that you submit your claim within three years from the date of the crash. However, there are a few circumstances that can alter the statute of limitations. The deadline may be extended in certain circumstances for instance, if you are an under-age person and the incident involves an agency of the government.

In certain cases there could be a provision for tolling the statute of limitations when the state of mind of the victim at the time of the accident is unclear. The statute of limitations can also be tolled when your attorney demands from the lawyer of the defendant and the defendant to provide information through written questions, also known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal case is filed in time and that you have access to the evidence you require to mount a a strong defense. Many wrecks need an investigation which can take time. Evidence can also change with time.

Defenses

There are a variety of defenses available in any motor vehicle accident lawsuit. These include both factual and legal arguments. Some legal defenses are based on procedural questions, such as not meeting the statute of limitations. Others may be solely based on merits.

Comparative negligence is a typical factual defense. It is a legal argument which asserts that the injured person who files the claim should be held partially responsible for the injuries or damages they have sustained. The validity of this argument will be contingent on the laws of the state. Most states have adopted some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. This is the claim that an injured party assumed the risk of injury by participating in some activity, for motor vehicle accident lawsuit example, exercising in a gym or playing sports. This is a legitimate defense, however, highly experienced attorneys know how to get around this argument.

Another defense that may be used is that the victim did not take the necessary steps to reduce their losses. For example when a person is making a loss-of-income claim as part of their total damages, the defendant could claim that the injured party should have taken the necessary steps to find a job even if it would not have made them whole.