Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other financial expenses will exceed their no-fault insurance coverage. This is where a motor vehicle lawsuit may be involved.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical and any other personal injury resulted from the negligence of a third party. In the majority of states, the tort liability system is used. This means that the person who caused the accident has to pay the victim for their losses. Twelve states also follow no-fault insurance laws, which require car owners to carry their own insurance to protect themselves from injuries they cause to other people.

In the initial phase of the legal process your attorney will conduct a pre-suit inquiry to identify potential liable parties and available legal remedies. This is known as discovery and it involves exchanging documents and requesting information from your adversary. It is crucial to keep in mind that your adversary is trying to settle this case with the least amount possible, therefore it could take some time before you receive a fair settlement offer.

The amount of compensation you will receive in a lawsuit arising from a car accident is contingent on the extent of the injury and the extent to which your property is damaged. Your lawyer can help calculate the value your claim by incorporating your medical expenses and any projected or future expenses.

It is not easy to assess the value of a car accident claim. However, your lawyer will do their best to defend your claim and ensure you receive maximum compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that takes into account your current and future financial requirements.

Liability

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

You will also be asked to tell your account of the incident. The trauma of an accident can interfere with your ability to recall details, however we will be understanding and patient. Our aim is to help you recall as much information as we can to be able to present a strong case on your behalf.

At this moment your lawyer will likely negotiate an agreement. However, it is not always feasible. If no agreement is reached, the case will be taken to trial. This could be a bench trial in front of a judge, or a jury, Motor Vehicle Accident Lawsuit based on the jurisdiction.

A lawsuit can be costly. Often, the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. The majority of parties want to settle claims as quickly and efficiently as is possible. A settlement can save both parties time and money and make the claim more streamlined. Personal injury lawyers are generally paid on a contingency fee and will not get paid until the case is completed. In the same way, plaintiffs want to move on from the incident and its consequences.

Statute of Limitations

In every lawsuit there is a deadline or limit for filing the case known as the statute of limitations. Failing to start a lawsuit within the appropriate time frame can bar your claim, meaning that you cannot recover for your injuries. A knowledgeable attorney can determine the specific time limits for your case.

For example in the case of car accidents, the law requires that you submit your claim within three years from the date of your accident. However, there are a few exceptions that can affect the statute of limitations. The deadline may be extended in certain circumstances for instance, if you are minor and the incident involves an agency of the government.

There could also be a statute of limitation tolling option in certain instances when there is doubt about the condition of the victim's mind at the moment of the incident. In addition the statute of limitation can be tolled during the discovery process when your attorney asks for information from the defendant and their lawyers through written questions known as interrogatories or through a formal testimonies called depositions.

A personal injury lawyer can help ensure that your legal case is filed on time and that you have access to the evidence required for a strong defense. Many wrecks require an investigation, which can take time. Evidence can also change with time.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. These include factual and legal arguments. Some of these defenses to law could be based on procedural issues like failure to meet the statute of limitations, whereas others could be based on the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal argument which asserts that the person who filed the claim should be held accountable for the damages and injuries they've suffered. The validity of this argument is contingent on the law of the state. Many states have enacted a form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs the right to a fair settlement. This is the claim that the person who was injured assumed the risk of injury when they took part in an activity, like training at a gym or playing an athletic game. This is a legitimate argument, but highly experienced attorneys know the best way to defeat it.

Another common defense that could be used is that the victim failed to mitigate their losses. If a person claims a loss in earnings as part of their overall damages, the defendant can argue that the injured party ought to have taken steps towards finding work, even though this wouldn't have made the claimant whole.