Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic expenses will exceed the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit could be a factor.

The process of filing suit starts by sending a complaint to the defendant. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and other personal injuries caused by the negligent actions of a third party. In most states, the tort liability system is used. This means that the party who caused the incident is responsible to compensate the victim for their losses. Twelve states also follow no-fault law, which require car owners to carry their own insurance to cover injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit in order to determine at-fault parties and possible causes of the action. This is known as discovery and involves exchanging documents with your adversary and requesting information. It is important to remember that your adversary is trying to settle this dispute for the smallest amount possible, therefore it could take a while before you receive a fair settlement offer.

The amount of damages you are awarded in an injury lawsuit in a car depends on the extent of the injury and the extent to which your property has been damaged. Your lawyer can help you calculate the value your claim by incorporating your medical expenses as well as any future or anticipated expenses.

It's not always simple to determine the value of a motor vehicle accidents vehicle accident claim, but your attorney will do their best to create an argument that will support your claim for maximum compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that takes into account your financial and future needs.

Liability

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

You will also be asked to give your account of the incident. We will be patient with you if the trauma of an accident hinders your ability to remember details. Our goal is to assist you remember as much as possible so we can build a strong case for your damages.

Your lawyer may come to a settlement by this point, but it is not always possible. If no agreement can be reached, the case will be brought to trial. This could be a bench trial in the presence of a judge or jury, based on the jurisdiction.

The cost of a lawsuit may be very high. Insurance companies are typically required to cover the costs of an attorney, investigator, or any other expert. Most parties want to settle claims as quickly and efficiently as is possible. A settlement can make a claim void for both sides and save everyone time and money. This is one of the main reasons why personal injury lawyers generally work on a contingency basis and don't get paid until they are able to settle your case. The same goes for plaintiffs who wish to move on from the incident and its consequences.

Statute of Limitations

In every lawsuit there is a specific time limitation to file the lawsuit known as the statute of limitations. Failing to submit a lawsuit within the proper time frame could halt your claim, meaning you will not be able to recover compensation the damages you suffered. A seasoned attorney can help you determine the time limitations for your particular case.

In cases involving car accidents, for example the law requires you to file your claim within 3 years of date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you are an under-age person or if the incident involves a government agency.

In some cases, there may be a provision for tolling the statute of limitations in cases where the victim's state of mind at the time of the accident is unclear. In addition the statute of limitation can be extended during the process of discovery in the event that your attorney demands information from the defendant and his or her lawyers through written questions referred to as interrogatories or via formal deposition or testimonies.

An attorney for personal injuries can help you ensure that your case is handled in a timely manner and you are able to access the evidence you require to have a strong defense. Many wrecks require an investigation, which takes time. Evidence can also change over time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural questions that include failure to comply with the statute of limitations. Others could be based solely on the merits.

Comparative negligence is an important factual defense. It is a legal argument that claims that the person who files the claim should be held responsible for the damage or injuries they've sustained. The validity of this argument is contingent on the law of the state. A majority of states have enacted some type of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to attempt to take away plaintiffs' rights to compensation. This argument states that the person who was injured assumed the risk of injury when they took part in some activity, for example, exercising in a gym or playing in a sport. This is a valid argument, but experienced lawyers know the best method to defeat it.

Another defense that is often used is that the injured person did not take the necessary steps to reduce their losses. If someone asserts a loss in earnings as part of their overall damages, the defendant may argue that the victim should have taken steps towards finding work, even though this could not have made the claimant whole.