Motor Vehicle Accident Lawsuit

In many cases, motor vehicle accident lawsuit medical costs and other economic loss of an individual will outstrip their no-fault insurance. A motor vehicle accident law firm vehicle lawsuit may be the best choice in this instance.

The process of filing a lawsuit begins with your attorney sending the defendant a lawsuit. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the physical, financial and any other personal injury caused by the negligence of another party. The majority of states have the tort liability system which means that the person who caused the accident has to pay compensation to the victim for their losses. Twelve states have no-fault insurance, which obliges car owners to have insurance to compensate for any injuries they may cause.

In the beginning of the legal process, your lawyer will conduct a presuit investigation to identify any potential defendants and possible causes of action. This is called discovery and involves exchanging documents with your adversaries and seeking details. It is crucial to keep in mind that your adversary is trying to settle this case for the least amount possible, therefore it could take a while before you receive an acceptable settlement offer.

The amount of damages you'll receive in a lawsuit arising from a car accident will depend on the extent of your injuries as well as the amount of property damage. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or projected costs, and evaluating the extent of the damage to your property.

It is not always easy to assess the value of a motor vehicle crash claim, but your lawyer will be diligent in constructing an argument that is strong and supports your claim for the most compensation. Your lawyer will negotiate with insurance companies to achieve a fair resolution which addresses your current and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company of your adversary. This includes documents such as accident reports, medical records and witness statements.

You will be asked to share your account of the events. We will be patient with you in the event that the trauma of an accident hinders your ability to recall specific details. Our goal is to help remember as much information as is possible so that we can make an argument on your behalf.

Your lawyer could reach a settlement at this point, but it is not always feasible. If no agreement is reached, your case will be taken to trial. This could be a bench trial the presence of a judge or jury, based on the jurisdiction.

A lawsuit can be expensive. Insurance companies are usually required to cover the costs of an attorney investigator, or other experts. The majority of parties want to settle claims as fast and efficiently as they can. A settlement will finish a claim on both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally are on a contingent basis and do not get paid until they are able to settle your case. Plaintiffs also want to get past the accident and the aftermath.

Statute of Limitations

The statute of limitations is the time frame for filing an action. Failure to submit a lawsuit within the appropriate timeframe can halt your claim, meaning that you cannot recover for your injuries. An experienced attorney can determine the specific time limits for your case.

For instance in the case of car accidents, the law requires that you file your claim within three years of the date of your accident. There are some exceptions to the statute of limitations. For instance, the deadline could be tolled (stopped) under certain circumstances like when you're an under-age person or if the accident involves a government agency.

In certain cases there could be a provision allowing the statute of limitations when the condition of the victim at the time of an accident is in doubt. Additionally, the statute of limitations may be tolled during the discovery process when your attorney seeks 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 attorney can help you ensure that your case is handled in a timely manner and you are competent to gather the evidence you require to have a strong defense. Many accidents require an investigation which can take time. Physical evidence can also deteriorate over time.

Defenses

There are many defenses that could be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural issues for example, inability to satisfy the statute of limitations. Others could be solely based on merits.

Comparative negligence is a crucial factual defense. It is a legal theory that argues that the injured person who is filing the claim should be held partially responsible for the damage and injuries they've suffered. The validity of this argument an acceptable argument will depend on the state's law. Many states have a type of comparative negligence law.

Defendants often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the theory that the person who was injured assumed the risk of injury by participating in an activity, such as exercising at a gym or playing an athletic game. This is a valid argument, but experienced lawyers know the best method to resolve it.

Another common defense is that the person who was injured failed to mitigate their damages. For instance in the event that a person is making a loss of earnings claim as part of their overall damages, the defendant may argue that the injured party should have taken steps to find work, even if it would not have paid for their entire loss.