Motor Vehicle Accident Lawsuit

In many cases, medical costs and other economic loss of an individual will exceed their no-fault coverage. A motor vehicle lawsuit could be the most appropriate option in this case.

The process of filing a lawsuit starts with your attorney submitting the defendant a notice. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accidents vehicle accident lawsuit, damages are awarded to compensate for the physical, financial and other personal injuries caused by the negligent acts of another party. Most states operate under the tort liability system which means that the person who caused the accident has to pay compensation to the victim for their losses. Twelve states have no-fault insurance which obliges car owners to have insurance to compensate for any injuries they may cause.

In the initial phase of the legal process your attorney will conduct a pre-suit inquiry to identify possible liable parties and potential options for action. This is called discovery and involves exchanging documents with your adversaries and seeking information. Keep in mind that your adversary is attempting to settle this case for as little as they can. It could take a bit of time before you get an offer of an acceptable settlement.

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

It's not always simple to judge the value of a motor vehicle accident lawyers vehicle accident claim, but your lawyer will be diligent in constructing an argument that will support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement which addresses your current and future financial requirements.

Liability

During the initial discovery phase of your case, your attorney will begin sharing information with the insurance company. This could include documents such as accident reports, medical records and witness statements.

You will also be asked to give your account of the incident. The trauma of an accident could hinder your ability to remember details, but we will be patient and understanding. Our aim is to assist you recall as much as you can so we can present a convincing argument for your claim.

At this stage your lawyer will most likely negotiate a settlement. However, it is not always feasible. If an agreement is not reached, the case will be brought to trial. It could be the trial of a judge, jury or both depending on the jurisdiction you are in.

A lawsuit can be expensive. In most cases, the insurance companies will have to pay for the cost of the lawyer or investigator as well as other experts. For this reason, most parties would like to settle their claims as quickly as they can. Settlements can close a claim for both sides and save everyone time and money. This is the reason why personal injury lawyers typically operate on a contingency basis and do not get paid until they settle your case. Plaintiffs will also want to get past the accident and the aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing an action. Failure to file a lawsuit within the proper time frame could halt your claim, meaning that you cannot recover the damages you suffered. An experienced attorney can determine the specific time limits for your particular case.

In cases involving car accidents for instance the law obliges you to file a claim within 3 years from the date of the incident. There are a few exceptions to the statute of limitations. For instance, the deadline could be tolled (stopped) in certain situations such as when you are a minor or when the accident involves a government agency.

In certain cases, there may be a provision allowing the statute of limitations when the state of mind of the victim at the time of an accident is unclear. Additionally the statute of limitations can be tolled during the discovery process in the event that your attorney demands information from the defendant and their lawyers through written questions, also known as interrogatories, or in formal testimonies, also known as depositions.

A personal injury lawyer can help ensure that your legal case is filed on time and that you have access to the evidence you require to mount a a strong defense. Many wrecks require an investigation, which takes time. The physical evidence can also degrade with time.

Defenses

There are many defenses that can be raised in any motor vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural considerations like not meeting the statute of limitations. Others may be based solely on the merits.

Comparative negligence is a crucial factual defense. It is a legal argument which claims that the injured person who filed the claim should be held partly responsible for the damage and injuries they've suffered. This argument's validity will depend on the state's law. The majority of states have some form of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to attempt to strip plaintiffs of their right to compensation. The argument is that the plaintiff took on the risk of injury by taking part in an activity, such as exercising at a gym or playing sports. This is a valid argument, but skilled lawyers know the best method to counter it.

Another common defense that can be used is that the injured party failed to mitigate their losses. If someone asserts losses in earnings as part of the overall damages, the defendant may argue that the victim should have taken steps toward finding work, even though this wouldn't have made the claimant whole.