Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other financial losses of a person will override their no-fault protection. A motor vehicle lawsuit may be the best option in this scenario.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the financial, physical and any other personal injury caused by the negligence of a third party. In most states, the tort liability system is used. This means that the person responsible for the accident is required to compensate the victim for their losses. Twelve states also have no-fault insurance laws that require car owners to carry their own insurance to cover injuries they cause to others.

In the first phase of the legal process your lawyer will conduct a pre-suit investigation to identify possible liable parties and possible options for action. This is known as discovery, and it involves exchanging documents and requesting information from your adversary. It is important to remember that your adversary is trying to settle this case with the least amount possible, therefore it may be a while before you receive a fair settlement offer.

The amount of damages you receive from an auto accident lawsuit is contingent on the severity of the injuries and the extent to which your property has been damaged. Your lawyer can help determine the value of your claim by adding in your medical expenses as well as any projected or future expenses.

It's not always straightforward to judge the value of a motor vehicle accident claim, but your attorney will be diligent in constructing an argument that will support your claim for maximum compensation. Your lawyer will negotiate with insurance companies to come up with an acceptable settlement that will address your financial and future requirements.

Liability

In the initial discovery phase of your case, your lawyer will start exchanging information with the insurance company of your adversary. This will include documents like accident reports and medical records, as well as witness statements, and expert opinions.

You will also provide your version of what happened. We will be patient with you in the event that the trauma of an accident impedes your ability to recall specific details. Our goal is to help you recall as much as possible so we can present a convincing argument for your claim.

At this stage, your lawyer will most likely come to a settlement. However, it is not always feasible. If you are unable to reach an agreement, the case will be heard. This could be a bench trial in front of a judge or jury, based on the jurisdiction.

The cost of a lawsuit could be expensive. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. The majority of parties wish to settle claims as quickly and efficiently as is possible. A settlement will save both parties money and time and make the claim more streamlined. Personal injury lawyers are generally paid on a contingency fee and won't be paid until your case is completed. Equally, plaintiffs be looking to move on from the accident and its repercussions.

Statute of limitations

In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitation. Failing to file a lawsuit within the appropriate timeframe can halt your claim, meaning you won't be able to seek compensation the damages you suffered. An experienced attorney will be able determine the time limitations applicable to your case.

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

In some cases, there may be a provision for tolling the statute of limitations in cases where the state of mind of the victim at the time of an accident is unclear. Additionally the statute of limitation can be extended during the process of discovery when your attorney asks for information from the defendant and their lawyers through written questions, also known as interrogatories or via formal deposition or testimonies.

A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence you need for an effective defense. Many wrecks require an investigation, which takes time. Physical evidence may also become less reliable over time.

Defenses

There are a variety of defenses that could be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural issues that include not meeting the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is a typical factual defense. This is a legal defense that claims that the injured party who is filing the claim should be held partially responsible for the damage and injuries they've suffered. The validity of this argument will be contingent on the laws of the state. Most states have adopted some type of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs the right to a compensation. This is the argument that the injured party accepted the risk of injury when they took part in an activity, such as exercising in a gym or playing sports. This is a valid defense, but skilled lawyers know how to get around this argument.

Another defense that is often used is that the person who suffered injury was not able to limit their damages. If a plaintiff claims the loss of earnings as a part of the overall damages, the defendant could argue that the victim ought to have taken steps towards finding work, even though this wouldn't have made the claimant whole.