Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle accident attorneys vehicle lawsuit may play a role.

The process of filing suit begins with your lawyer submitting an email to the defendant. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident law firm vehicle accident lawsuit, damages are awarded to pay for the financial, physical, and other personal injuries resulted from the negligence of a third party. Most states follow a 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 cover any injuries they cause.

In the first phase of the legal process your lawyer will conduct a pre-suit inquiry to determine liable parties and possible options for action. This process is known as discovery. It involves exchanging documents with your adversary and requesting information. Remember that your adversary is attempting to settle this matter for as little as they can. It may take some time before you receive an offer of a fair settlement.

The amount of damages you receive in a car accident lawsuit will be contingent on the severity of your injuries as well as the extent of the damage to your property. Your lawyer can help you calculate the value of your claim by adding your medical expenses, which includes any future or anticipated expenses, and assessing the extent of the damage to your property.

It's not always easy to determine the worth of a motor vehicle crash claim, but your attorney will be diligent in constructing a strong case that supports your claim to the maximum amount of compensation. Your lawyer will work with insurance companies to achieve a fair resolution that 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 of your adversary. This will include documents like accident reports, medical records and witness statements.

You will be asked to provide your own version of what happened. We will be patient with you if the stress of an accident hinders your ability to remember details. Our goal is to help you recall as much as you can so we can present a strong case for your injuries.

Your lawyer is likely to reach a settlement at this stage, but it's not always feasible. If an agreement is not reached, your case will be brought to trial. This could be a bench trial in the presence of a judge or jury, depending on the jurisdiction.

The cost of a lawsuit may be substantial. Usually, insurers will need to cover the costs of the lawyer or investigator as well as other experts. In this way, the majority of parties wish to settle their claims as fast as possible. A settlement can make a claim void for both sides and save everyone time and money. Personal injury lawyers typically are paid on a contingency basis and will not be paid until the case is resolved. Plaintiffs will also want to move past the incident and its aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit. Failure to start a lawsuit within the proper time frame could halt your claim, meaning that you will not be able to recover compensation the damages you suffered. An experienced attorney will be able to identify the deadlines applicable to your particular case.

For example, in car accident cases the law requires you file your claim within three years from the date of your accident. However, there are many circumstances that can alter your statute of limitations. For instance, the deadline may be extended (stopped) in certain situations such as when you're minor or the accident involves an agency of the government.

There may also be a statute-of-limitations tolling provision in some cases when there is doubt about the victim's mental state at the moment of the incident. Additionally, the statute of limitation can be tolled during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions referred to as interrogatories or through a formal testimonies, also known as depositions.

A personal injury lawyer can help ensure that your legal case is filed in time and that you have access to the evidence required for a strong defense. Many accidents require an investigation, which can take time. In addition, physical evidence is susceptible to deterioration over time.

Defenses

There are many defenses that can be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural questions 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 accountable for the injuries and damages they have suffered. The validity of this argument will be contingent on the state law. Most states have adopted some type of comparative negligence law.

Defendants often use the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. This is the argument that the injured party took on the risk of injury when they took part in an activity, like training at a gym or playing sports. This is a legitimate argument, but highly experienced attorneys know the best approach to defeat it.

Another common defense is that the injured person did not take the necessary steps to reduce their losses. If someone claims an income loss as part of their overall damages, the defendant may claim that the person who was injured should have taken steps towards finding work, even if this would not have made the claimant whole.