Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other economic losses a person suffers will exceed their no-fault coverage. A motor vehicle lawsuit might be the most appropriate option in this case.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and any other personal injury resulted from the negligence of another party. The majority of states use the tort liability system, which means that the person who caused the accident has to pay compensation to the victim for his or her losses. Twelve states also follow no-fault insurance laws that require car owners to carry their own insurance to cover any injuries they cause to others.

In the initial phase of the legal process your attorney will conduct a pre-suit probe to identify potential liable parties and possible reasons for action. This is known as discovery and it involves exchanging papers and requesting information from your adversary. Keep in mind that your adversary is trying to settle this case for as little as is possible. It could take some time before you receive an offer of a fair settlement.

The amount of damages you are awarded in a lawsuit over a car accident will depend on the extent of your injuries as well as the amount of property damage. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or projected costs, and evaluating the extent of the damage to your property.

It's not always simple to assess the value of a motor vehicle accident attorneys vehicle accident claim, but your attorney will diligently build a strong case that supports your claim to the maximum amount of compensation. Your lawyer will engage with insurance companies in order to reach a fair settlement that addresses your current and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin to share details with your adversary's insurance company. This will include documents like accident reports, medical records, and witness statements.

You will also be asked to give your account of the incident. We will be patient with you in the event that the trauma of an accident hinders your ability recall details. Our goal is to help you recall as much as is possible so that we can make a convincing case for your damages.

Your lawyer is likely to negotiate a settlement at this point, but it is not always feasible. If you can't reach a settlement, your case will be heard. This could be a bench trial in before a judge or jury, depending on the jurisdiction.

The cost of a lawsuit can be high. Often the insurers will have to pay for the cost of the lawyer or investigator as well as other experts. For this reason, most parties want to settle their claims as swiftly as they can. Settlements can make a claim void for both parties and save both time and money. This is one of the main reasons why personal injury lawyers generally are on a contingent basis and are not paid until they have resolved your case. The same goes for plaintiffs who want to move on from the injury and its aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing an action. If you don't submit your lawsuit within the given timeframe your claim will be deemed barred. This means you can't recover for your injuries. A seasoned attorney will be able determine the time limits applicable to your case.

For example, in car accident cases the law requires that you submit your claim within three years of the date of the crash. However, there are numerous exceptions that may affect the time limit for filing a claim. For instance, the deadline may be extended (stopped) in certain circumstances such as when you are a minor or when the incident involves an agency of the government.

In some cases there could be a provision allowing the statute of limitations in cases where the state of mind of the victim at the time of the accident is in doubt. The statute of limitation could also be tolled when your attorney contacts the defendant's lawyer and the defendant for information through written questions known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have the evidence you require for an effective defense. Many accidents require an investigation, which takes time. Furthermore, evidence found on the ground can deteriorate over time.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural issues, such as not meeting the statute of limitations. Others could be solely based on merits.

Comparative negligence is an important factual defense. This is a legal defense that claims that the injured person submitting the claim should be held partly responsible for the injuries and damages they have suffered. The validity of this argument will be contingent on the state's law. The majority of states have adopted a form of comparative negligence law.

Defendants also often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This argument states that the injured party was at risk of injury through engaging in an activity such as exercising at a gym or playing sports. This is a valid argument, but experienced lawyers know the best method to defeat it.

Another common defense that could be used is that the victim was unable to limit their losses. If a person claims losses in earnings as a part of the overall damages, the defendant can argue that the injured person ought to have taken steps towards finding work, even though this wouldn't have made the claimant whole.