Motor Vehicle Accident Lawsuit

In many cases, the medical expenses and other economic losses a person suffers will exceed their no-fault coverage. This is where the possibility of a motor vehicle suit could be involved.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and any other personal injury caused by the negligent acts of a third party. In most states, the tort liability system is in use. This means that the person who caused the accident has to compensate the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to pay for any injuries they cause.

In the initial stage of the legal process, your lawyer will conduct a pre-suit investigation to identify potential liable parties and potential legal remedies. This is known as discovery and it involves exchanging documents and requesting information from your adversaries. It is important to remember that your adversary is trying to settle this case with the least amount possible, so it may be a while before you receive an acceptable settlement offer.

The amount of damages you'll receive in a lawsuit over a car accident will depend on the extent of your injury and the extent of the damage to your property. Your lawyer can help determine the value of your claim by adding your medical expenses and any future or projected expenses.

It's not always straightforward to determine the value of a motor vehicle accident claim, but your lawyer will do their best to create a strong case that supports your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with an equitable settlement that meets your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin exchanging information with the insurance company of your adversary. This will include documents such as accident reports and medical records, witness statements, as well as expert opinions.

You will be asked to share your version of the events. The trauma of an accident may interfere with your ability to recall specific details, but we will be understanding and patient. Our goal is to help to recall as much information as you can in order to make strong arguments on your behalf.

At this moment your lawyer will likely reach a settlement. However, it's not always feasible. If you are unable to reach an agreement, your case will be argued. This could be a bench trial in before a judge or jury, depending on the jurisdiction.

A lawsuit can be expensive. In most cases, the insurance companies will have to cover the costs of the lawyer or investigator as well as other experts. This is why the majority of parties are looking to settle their claims as quickly as possible. A settlement can end a case for both sides and save everyone time and money. This is one of the main reasons why personal injury lawyers generally work on a contingency basis and are not paid until they have resolved your case. Equally, plaintiffs desire to move past the incident and its consequences.

Statute of Limitations

The statute of limitations is the deadline for filing an action. If you don't submit your lawsuit within the prescribed time period your claim will be barred. This means that you won't be able to recover compensation the damages you suffered. A seasoned attorney will be able to identify the time limits applicable to your particular case.

For instance, in car accident cases the law requires that you submit your claim within three years of the date of your accident. However, there are numerous exceptions that may affect the time limit for filing a claim. The deadline can be extended in certain circumstances, such as if you are an under-age person and the incident involves an agency of the government.

There may also be a statute of limitation tolling provision in certain cases when there is doubt about the condition of the victim's mind at the time of the incident. The statute of limitations can be tolled if your attorney contacts the lawyer of the defendant and the defendant for details through written questions called interrogatories, or formal depositions.

An attorney for personal injuries can assist you in ensuring your case is filed in a timely manner and you are capable of obtaining the evidence you require to have a strong defense. Many accidents require an investigation, which takes time. Physical evidence may also become less reliable over time.

Defenses

There are a variety of defenses that can be argued in any motor vehicle accident attorneys vehicle accident lawsuit (Full Guide). These include both legal and factual arguments. Some of these legal defenses could be based on procedural issues such as failure to comply with the statute of limitations, while others could be based on the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal argument that claims that the injured party who is filing the claim should be held partially responsible for the harm and injuries they've suffered. If this is an appropriate argument will depend on state law. The majority of states have some form of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This is the argument that the injured party accepted the risk of injury when they participated in an activity, such as exercising in a gym or playing sports. This is a valid defense, however, experienced lawyers know how to overcome this argument.

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