Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses can be beyond the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit might come into play.

The process of filing suit begins with your lawyer sending an accusation to the defendant. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the physical, financial and any other personal injury caused by the negligence of a third party. In the majority of states the tort liability system is in use. This means that the person 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 cover any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to determine liable parties and potential causes of the action. This is referred to as discovery. It involves exchanging documents with your adversary and requesting details. Remember that your opponent will try to settle the case for as little money as is possible. It could take some time before you receive an offer of a fair settlement.

The amount of damages you will receive in an auto accident lawsuit is contingent on the extent of the injury and the extent to the extent your property was damaged. Your lawyer can help you calculate the value your claim by adding in your medical expenses and any future or projected costs.

It's not always easy to determine the value of a motor vehicle accident law firm vehicle crash claim, but your attorney will be diligent in constructing an argument that will support your claim for the highest amount of compensation. Your lawyer will discuss with insurance companies to reach a fair settlement which addresses your current and future financial needs.

Liability

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

Also, you will provide your version of what happened. We will be patient with you if the stress of an accident interferes with your ability recall details. Our goal is to help recall as much information as possible so that we can make a strong case on your behalf.

At this moment, your lawyer will most likely seek a settlement. However, it's not always feasible. If you cannot reach an agreement, your case will be decided. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are often required to pay for the costs of an attorney investigator, or any other expert. Most parties want to settle claims as fast and efficiently as possible. A settlement will close a claim for both parties and save both time and money. Personal injury lawyers are typically paid on a contingency basis and will not be paid until your case is concluded. Similarly, plaintiffs will wish to move on from the accident and its consequences.

Statute of limitations

In every lawsuit there is a deadline or period to file the case known as the statute of limitation. If you fail to file your lawsuit within the prescribed time frame your claim will be barred. This means you will not be able to claim compensation for your injuries. A seasoned attorney can help you determine the deadlines for your particular case.

For example, in car accident cases the law requires that you file your claim within three years of the date of the crash. There are a few exceptions to the statute of limitations. The deadline may be extended in certain circumstances, such as if you are an under-age person and the incident involves an agency of the government.

There could also be a statute of limitation tolling provision in some cases in the event of doubt regarding the condition of the victim's mind at the time of the accident. Additionally the statute of limitation can be extended during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions known as interrogatories or via formal testimonies called depositions.

An attorney for personal injuries can help you ensure that your case is filed promptly and that you're able to access the evidence you require for an effective defense. Many accidents require an investigation, which may take time. The physical evidence can also degrade over time.

Defenses

There are a range of defenses that can be argued in any motor vehicle accident lawsuit. They comprise both factual and legal arguments. Some of these defenses to law could be based on procedural matters like failure to meet the statute of limitations, while others might be based on the merits of a specific case.

Comparative negligence is a common factual defense. This is a legal defense which asserts that the injured person who filed the claim should be held partly responsible for the damages or injuries they have sustained. If this is an acceptable argument will depend on the laws of the state. Many states have a type of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the victim assumed risk of injury by participating in an activity like working out in a gym or participating in sports. This is a legitimate argument, but highly experienced attorneys know the best way to counter it.

Another common defense that could be used is that the party who was injured was unable to limit their losses. If someone asserts the loss of earnings as part of the overall damages, the defendant might argue that the victim should have taken the necessary steps to finding work, even if this could not have made the claimant whole.