Motor Vehicle Accident Lawsuit

In many cases, the medical expenses and other economic expenses of a person could override their no-fault protection. A motor vehicle lawsuit could be the best choice in this instance.

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

Damages

In a motor vehicle collision lawsuit damages are awarded for physical financial, emotional and other personal damage caused by another party's negligent actions. In most states the tort liability system is in use. This means that the person who caused the accident is liable to compensate the victim for their losses. Twelve states also have no-fault law, which oblige car owners to carry their own insurance in order to cover the injuries they cause to other people.

In the first phase of the legal process, your lawyer will conduct a pre-suit inquiry to identify any potential defendants and potential 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 resolve this matter for the lowest amount possible, so it could take a while before you receive a fair settlement offer.

The amount of the damages you will receive in a lawsuit for car accidents will depend on the seriousness 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 in your medical expenses as well as any future or anticipated expenses.

It's not always straightforward to judge the value of a motor vehicle crash claim, but your attorney will diligently build an argument that is strong and supports your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with a fair solution that meets your current and future financial needs.

Liability

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

Also, you will provide your account of what transpired. We will be patient with you in the event that the trauma of an accident impedes your ability to recall information. Our goal is to help you remember as much as you can, so we can present a convincing case for your injuries.

At this moment your lawyer will likely reach an agreement. However, it is not always feasible. If no agreement is reached, your case will move to trial. It could be an in-person trial before the jury, a judge or both depending on the jurisdiction you are in.

The cost of a lawsuit can be high. Insurance companies are usually required to pay the costs of an attorney investigator, or other experts. This is why the majority of parties want to settle their claims as quickly as possible. Settlements will save both parties time and money and make the claim more streamlined. This is the reason why personal injury lawyers typically are on a contingent basis and are not paid until they settle your case. Plaintiffs also want to move on from the incident and its aftermath.

Statute of Limitations

In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations. If you don't file your lawsuit within the stipulated time frame your claim will be barred. This means you aren't able to seek compensation any compensation for your injuries. An experienced attorney will be able to determine the time limits applicable to your particular case.

In car accident cases for instance, the law requires you to file a claim within 3 years from the date of the accident. However, there are many exceptions that could affect the time limit for filing a claim. The deadline can be tolled in certain circumstances like when you are minor and the incident involves an agency of the government.

In certain cases, there may be a provision for tolling the statute of limitations in cases where the victim's mental state at the time of the accident is uncertain. Additionally the statute of limitations could be tolled during the discovery process when your attorney asks for information from the defendant and his or her lawyers through written questions referred to as interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer will help ensure that your case is handled in a timely manner and that you're able to access the evidence that you need for a successful defense. Many accidents require an investigation, which may take time. Evidence can also change over time.

Defenses

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

Comparative negligence is an important factual defense. This is a legal defense which asserts that the person submitting the claim should be held responsible for the harm and injuries they have suffered. The validity of this argument will be contingent on the law of the state. The majority of states have adopted a kind of law governing comparative negligence.

Defendants often use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. The argument is that the victim assumed the risk of injury when engaging in an activity like working out in a gym or participating in sports. This is a valid defense, motor vehicle accident lawsuit however, highly skilled lawyers are able to circumvent this argument.

Another common defense that could be used is that the party who was injured did not adequately compensate for their losses. For instance If a person making a loss of earnings claim as part of their overall damages, the defendant could argue that the person who was injured should have taken the necessary steps to find work even if it would not have paid for their entire loss.