Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other economic losses will go beyond the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit might play a role.

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

Damages

In a motor vehicle accident law firms vehicle accident lawsuit, damages are awarded to compensate the physical, financial and other personal injuries resulted from the negligence of another party. In the majority of states, the tort liability system is utilized. 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 compensate for any injuries they may cause.

In the beginning of the legal process, your lawyer will conduct a presuit investigation to determine liable parties and available causes of action. This is referred to as discovery. It involves exchanging documents with your adversary and requesting details. It is important to remember that your adversary is trying to settle this case with the least amount possible, therefore it could take a while before you receive a fair settlement offer.

The amount of damages you'll receive in a car accident lawsuit will depend on the seriousness of your injuries as well as the amount of property damage. Your lawyer can help calculate the value your claim by adding your medical expenses and any future or anticipated expenses.

It's not always simple to determine the value of a motor vehicle accident claim, but your lawyer will be diligent in constructing an argument that can support your claim for maximum compensation. Your lawyer will engage with insurance companies in order to reach a fair settlement which addresses your current and future financial needs.

Liability

In the initial discovery phase of your case, your lawyer will begin to exchange details with your adversary's insurance company. This could include documents such as accident reports and medical records, as well as testimony statements, and expert opinions.

Also, you will provide your account of what transpired. The trauma of an accident could hinder your ability to recall details, but we will be patient and compassionate. Our aim is to help you recall as much as you can so we can present a convincing argument for your claim.

At this point your lawyer will likely reach an agreement. However, it is not always possible. If you are unable to reach a settlement, your case will be tried. It could be an in-person trial before the jury, a judge or both, depending on the jurisdiction in which you reside.

A lawsuit can be costly. Insurance companies are usually required to cover the costs of an attorney, investigator, or any other expert. For this reason, most parties are looking to settle their claims as fast as possible. A settlement can save both parties money and time and close the claim. Personal injury lawyers typically are paid on a contingency fee and won't be paid until your case is settled. Plaintiffs also want to get past the accident and the aftermath.

Statute of limitations

In every lawsuit there is a time period to file the case called the statute of limitations. If you fail to file your lawsuit within the specified time period, your claim will be denied. This means that you will not be able to claim compensation any compensation for your injuries. A seasoned attorney can help you determine the deadlines applicable to your particular case.

In car accident cases for instance, the law obliges you to file your claim within 3 years from the date of the accident. There are some exceptions to 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 limitations tolling clause in certain circumstances where there is doubt as to the mental state of the victim at the moment of the incident. The statute of limitations could be tolled if your attorney demands from the lawyer of the defendant and the defendant for details through written questions known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have access to the evidence you require to mount a a strong defense. Many accidents require an investigation, which may take time. Additionally, evidence that is physical is susceptible to deterioration as time passes.

Defenses

There are a variety of defenses that can be raised in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses could be based upon procedural issues like failure to meet the statute of limitations, while others could be based upon the merits of a particular case.

Comparative negligence is a typical factual defense. It is a legal argument which states that the person who filed the claim should be held accountable for the damage or injuries they've suffered. The validity of this argument is contingent on the law of the state. Most states have some form of comparative negligent law.

Defendants often use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This argument states that the injured party assumed the risk of injury when participating in an activity like exercising at a gym or playing sports. This is a legitimate argument, but highly experienced lawyers know the best way to counter it.

Another defense that may be used is that the person who was injured did not take the necessary steps to reduce their losses. For instance, if a person is making a loss of earnings claim as part of their overall damages, the defendant can claim that the injured party should have taken steps to find work even if it would not have made them whole.