Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other losses a person suffers will override their no-fault protection. This is where a motor vehicle lawsuit could come into play.

The procedure of filing suit begins with your lawyer submitting an official complaint to the defendant. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the financial, physical, and other personal injuries caused by the negligent acts of another party. In the majority of states the tort liability system is used. This means that the party who caused the accident has to pay the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to pay for any injuries they cause.

Your lawyer will conduct an investigation prior to filing a lawsuit to identify any at-fault parties and possible causes of the action. This is known as discovery and involves exchanging documents with your adversaries and seeking information. It is crucial to keep in mind that your adversary is trying to resolve this case with the least amount possible, therefore it could take a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a lawsuit for car accidents will depend on the seriousness of your injury and the amount of property damage. Your lawyer can help you determine the value of your claim by incorporating your medical expenses and any future or projected expenses.

It can be difficult to determine the value of a car accident claim. However, your attorney will do everything to help your claim and get you the maximum amount of money. Your lawyer will negotiate with the insurance companies to come up with a fair settlement that addresses your current and future financial requirements.

Liability

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

Also, you will provide your version of what happened. The trauma of an accident can impair your ability recall details, but we will be patient and understanding. Our goal is to assist you in to recall as much information as possible so that we can present strong arguments on your behalf.

At this point, your lawyer will most likely negotiate an agreement. However, it's not always possible. If you fail to reach a settlement, your case will be heard. It could be a trial before a judge, jury or both depending on the jurisdiction of your case.

A lawsuit can be costly. Insurance companies are typically required to pay for costs of an attorney, investigator, or other experts. The majority of parties want to settle claims as quickly and efficiently as is possible. Settlements will save both parties time and money as well as close the claim. This is the reason that personal injury lawyers usually work on a contingency basis and are not paid until they resolve your case. In the same way, plaintiffs be looking to move on from the accident and its consequences.

Statute of limitations

In every lawsuit there is a deadline or limitation to file the lawsuit known as the statute of limitations. If you don't submit your lawsuit within the specified time frame the claim will be barred. This means you can't recover the damages you suffered. An experienced lawyer will be able to identify the deadlines applicable to your particular case.

In car accident cases, for example, the law obliges you to file your claim within 3 years of the date of the accident. There are some exceptions to the statute of limitations. The deadline can be tolled in certain situations for instance, if you are a minor and the accident involves an agency of the government.

There could also be a statute of limitations tolling clause in certain circumstances where there is doubt as to the victim's mental state at the moment of the accident. Additionally, the statute of limitations can be extended during the process of discovery when your attorney asks for information from the defendant and their lawyers through written questions known as interrogatories, or in formal testimonies, also known as depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have the evidence you require to mount a an effective defense. Many wrecks require an investigation which can take time. Physical evidence can also deteriorate as time passes.

Defenses

There are a range of defenses that can be raised in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some of these legal defenses could be based on procedural matters like the inability to meet the deadline for filing, while others might be based on the merits of a particular case.

The concept of comparative negligence is a common factual defense. It is a legal argument that argues that the injured person who filed the claim should be held partly accountable for the damages and injuries they've suffered. The validity of this argument an appropriate argument will depend on the laws of the state. The majority of states have some form of comparative negligent law.

Defendants often use the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. This is the theory that the injured party accepted the risk of injury when they took part in the course of working out at a gym, or playing an athletic game. This is a valid argument, however experienced attorneys know the best approach to counter it.

Another common defense that could be used is that the injured party was unable to limit their losses. If a plaintiff claims an income loss as part of their overall damages, the defendant may argue that the injured party should have taken steps towards finding work, even though this would not have made the claimant whole.