Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial damages will be more than their no-fault insurance coverage. This is where the possibility of a motor vehicle suit could play a role.

The procedure of filing a lawsuit begins with your attorney submitting the defendant a formal complaint. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the financial, physical, and any other personal injury caused by the negligent actions of a third party. In most states the tort liability system is in use. 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 cover any injuries they cause.

In the first phase of the legal process, your attorney will conduct a pre-suit investigation to identify any potential defendants and available options for action. This is known as discovery and involves exchanging documents and requesting information from your adversary. Keep in mind that your adversary is attempting to settle this case for as little money as is possible. It could take some time before you receive an offer of an acceptable settlement.

The amount of damages you are awarded in a car accident lawsuit will depend on the seriousness of your injuries and the extent of your property damage. Your lawyer can help you calculate the value your claim by incorporating your medical expenses and any future or anticipated expenses.

It's not always straightforward to determine the worth of a motor vehicle accident claim, but your lawyer will work diligently to build an argument that will support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement that addresses your current and future financial needs.

Liability

During the first discovery phase of your case, your attorney will start exchanging information with the insurance company of your adversary. This includes documents such as accident reports and medical records, as well as witness statements, and expert opinions.

You will also provide your account of what transpired. We will be patient with you if the trauma of an accident hinders your ability to recall information. Our goal is to help you remember as much as possible so we can present a strong case for your damages.

Your lawyer is likely to come to a settlement by this stage, but it's not always possible. If no agreement can be reached, the case will be taken to trial. It could be an appeal before either a jury or a judge or both depending on the jurisdiction you are in.

A lawsuit can be expensive. Insurance companies are typically required to pay for costs of an attorney investigator, or any other expert. The majority of parties want to settle claims as swiftly and efficiently as possible. A settlement will finish a claim on both parties and save both time and money. Personal injury lawyers are usually paid on a contingency fee and will not get paid until your case is settled. Plaintiffs will also want to get past the incident and the aftermath.

Statute of Limitations

In every lawsuit there is a deadline or limitation to file the lawsuit called the statute of limitations. If you don't submit your lawsuit within the prescribed time frame, your claim will be deemed barred. This means you aren't able to seek compensation for your injuries. An experienced attorney can help you determine the exact timeframe for your particular case.

In the case of car accidents, for example the law requires you to file your claim within three years of the date of the incident. There are a few exceptions to the statute of limitations. For instance, the deadline could be tolled (stopped) in certain circumstances such as when you're a minor or when the accident involves a government agency.

There may also be a statute-of-limitations tolling clause in certain circumstances in the event of doubt regarding the mental health of the victim at the moment of the accident. In addition, the statute of limitations may be tolled during the discovery process when your attorney requests information from the defendant and their lawyers through written questions referred to as interrogatories or through a formal testimonies known as depositions.

A personal injury lawyer can ensure that your legal case is filed in time and that you have access to the evidence you require to mount a a strong defense. Many wrecks require an investigation, which takes time. Evidence can also change over time.

Defenses

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

The concept of comparative negligence is a common factual defense. It is a legal theory that argues that the injured person who filed the claim should be held partially responsible for the damage and injuries they have suffered. The validity of this argument is contingent on the state law. Most states have some form of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to try and deny plaintiffs their right to compensation. This is the argument that the injured party took on the risk of injury by participating in the course of exercising at a gym or playing sports. This is a legitimate argument, but highly experienced lawyers know the best method to defeat it.

Another defense that may be used is that the victim did not take the necessary steps to reduce their losses. For instance in the event that a person is making a loss-of-income claim as part of their total damages, the defendant can claim that the injured party should have taken steps to find a job even if it could not have made them whole.