Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic losses will go beyond their no-fault insurance coverage. A motor vehicle lawsuit may be the best choice in this instance.

The process of filing a lawsuit starts with your attorney submitting the defendant a formal complaint. The defendant has the option 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 another party. In most states, the tort liability system is utilized. This means that the person who caused the accident is liable to compensate the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the first phase of the legal process your lawyer will conduct a pre-suit investigation to identify possible liable parties and potential legal remedies. This is called discovery and involves exchanging documents with your adversaries and requesting details. It is crucial to keep in mind that your adversary is trying to settle this matter for the lowest amount possible, so it could take a while before you receive a fair settlement offer.

The amount of damages you are awarded in an auto accident lawsuit is contingent on the severity of the injury and the extent to the extent your property was damaged. The lawyer you hire can help calculate the value your claim by adding in your medical expenses as well as any future or anticipated costs.

It isn't always easy to determine the value of a motor accident claim. But, your attorney will do their best to defend your claim and ensure you receive maximum compensation. Your lawyer will engage with insurance companies in order to reach a fair settlement that addresses your current and future financial requirements.

Liability

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

You will also share your version of what transpired. We will be patient with you if the stress of an accident affects your ability to recall specific details. Our goal is to assist you in recall as much information as is possible so that we can make a strong case on your behalf.

Your lawyer could negotiate a settlement at this point, but it is not always possible. If you cannot reach an agreement, your case will be argued. It could be an in-person trial before the jury, a judge or both depending on your jurisdiction.

The cost of a lawsuit could be high. Insurance companies are usually required to pay the expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as fast and efficiently as is possible. A settlement will finish a claim on both parties and save both time and money. This is one of the main reasons why personal injury lawyers generally work on a contingency basis and do not get paid until they settle your case. Similarly, plaintiffs will desire to move past the accident and its repercussions.

Statute of Limitations

In every lawsuit there is a specific time limit to file the case called the statute of limitations. If you don't submit your lawsuit within the given time period your claim will be denied. This means that you aren't able to seek compensation for the injuries you sustained. An experienced attorney can help you determine the time frame for your case.

For example, in car accident cases, the law requires that you file your claim within three years from the date of your accident. However, there are several exceptions that could affect the time limit for filing a claim. For example, the deadline can be extended (stopped) in certain circumstances such as when you are a minor or when the accident involves the services of a government agency.

In some cases, there may be a provision for tolling the statute of limitations when the state of mind of the victim at the time of an accident is unclear. Additionally the statute of limitations can be tolled during the discovery process in the event that your attorney demands information from the defendant and his or her lawyers through written questions, also known as interrogatories or via formal testimonies, also known as depositions.

A personal injury lawyer can assist you in ensuring that your case is handled promptly and you are capable of obtaining the evidence that you need for an effective defense. Many wrecks require an investigation, which may take time. The physical evidence can also degrade with time.

Defenses

There are many defenses that could be argued in any motor vehicle accident lawsuit. These comprise both factual and legal arguments. Some of these legal defenses might be based on procedural matters like a failure to meet the deadline for filing, while others could be based upon the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal argument which asserts that the party who is filing the claim should be held partly responsible for the damage and injuries they've suffered. This argument's validity will depend on the state's law. The majority of states have some form of comparative negligent law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the victim took on the risk of injury by participating in a sport like working out in a gym or participating in sports. This is a valid argument, but highly experienced attorneys know the best way to overcome it.

Another common defense is that the injured person was not able to limit their damages. If a plaintiff claims losses in earnings as a component of damages, the defendant may argue that the injured party should have taken the necessary steps to finding work, even if this did not make the claimant whole.