Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic damages will be more than their insurance's no-fault coverage. A motor vehicle lawsuit might be the best option in this situation.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the physical, financial and other personal injuries resulted from the negligence of a third party. Most states follow a tort liability system which means that the party who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no-fault insurance which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the initial stage of the legal process your lawyer will conduct a presuit investigation to identify potential liable parties and available legal remedies. This process is known as discovery. It involves exchanging documents with your adversary and seeking details. It is crucial to keep in mind that your adversary is trying to resolve this dispute for the smallest amount of money, and it may be a while before you receive a fair settlement offer.

The amount of damages you are awarded in a lawsuit for car accidents will depend on the extent of your injury and the extent of your property damage. The lawyer you hire can help determine the value of your claim by adding your medical expenses and motor vehicle accident lawsuit any future or projected costs.

It's not always easy to determine the value of a motor vehicle accident claim, but your attorney will diligently build an argument that is strong and supports your claim for the most compensation. Your lawyer will work with insurance companies to reach a fair settlement that addresses your current and future financial needs.

Liability

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

You will also share your version of what happened. The trauma of an accident may affect your ability to remember details, but we will be patient and understanding. Our goal is to assist you in remember as much information as you can so that we can make an effective case on your behalf.

Your lawyer may reach a settlement at this stage, but it's not always feasible. If you fail to come to an agreement, your case will be heard. This could be a bench trial in front of a judge, or a jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are often required to cover the costs of an attorney investigator, or any other expert. Most parties would like 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. Personal injury lawyers are typically paid on a contingency fee and won't be paid until the case has been resolved. Plaintiffs will also want to move on from the accident and the aftermath.

Statute of Limitations

In every lawsuit there is a deadline or limitation to file the lawsuit known as the statute of limitations. If you fail to file your lawsuit within the stipulated time frame, your claim will be denied. This means you aren't able to seek compensation for your injuries. An experienced lawyer will be able to identify the deadlines applicable to your case.

For example, in car accident cases the law requires you submit your claim within three years of the date of your accident. However, there are several circumstances that can alter the statute of limitations. The deadline can be extended in certain situations like if you are minor motor vehicle accident lawsuit and the incident involves an agency of the government.

In certain circumstances there could be a provision allowing the statute of limitations in cases where the victim's state of mind at the time of an accident is in doubt. The statute of limitations could be tolled if your attorney asks lawyers for the defendant as well as the defendant to provide information via written interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have the evidence required for a strong defense. Many accidents require an investigation, which takes time. The physical evidence can also degrade over time.

Defenses

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

The concept of comparative negligence is a common factual defense. This is a legal argument which states that the person who files the claim should be held partly responsible for the damages or injuries they've sustained. Whether or not this is a valid argument will depend on the law of the state. Most states have a form of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a compensation. This argument states that the person who was injured assumed the risk of injury when they took part in some activity, for example, working out at a gym, or playing a sport. This is a legitimate argument, but experienced lawyers know the best way to resolve it.

Another common defense that could be used is that the injured party was unable to limit their losses. If someone claims a loss in earnings as a component of damages, the defendant might argue that the injured party should have taken steps towards finding work, even if this wouldn't have made the claimant whole.