Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other economic expenses of a person could exceed their no-fault coverage. This is where a motor vehicle lawsuit may play a role.

The process of filing suit starts with your lawyer sending a complaint to the defendant. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the physical, financial and any other personal injury caused by the negligent acts of another party. In the majority of states the tort liability system is in use. This means that the person who caused the accident is liable to compensate the victim for their losses. Twelve states also follow no-fault insurance laws that require car owners to carry their own insurance to protect themselves from injuries they cause to other people.

In the beginning of the legal process, your attorney will conduct a pre-suit probe to identify possible liable parties and potential options for action. This is called discovery, and it involves exchanging documents and requesting information from your adversaries. Keep in mind that your adversary is trying to settle this case for as little as is possible. It could take a bit of time before you receive an offer of a fair settlement.

The amount of damage you receive for an auto accident lawsuit is contingent on the extent of the injury and the extent to the extent your property was damaged. Your lawyer can help calculate the value your claim by incorporating your medical expenses and any future or anticipated costs.

It's not always straightforward to determine the worth of a motor vehicle accident attorneys vehicle accident claim, but your attorney will work diligently to build an argument that can support your claim for the highest amount of compensation. Your lawyer will negotiate with the insurance companies to reach a fair settlement that addresses your financial and future requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin to share details with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.

You will also share your version of what happened. The stress of an accident can affect your ability to remember details, but we will be understanding and patient. Our aim is to help you recall as much as you can so we can present a strong case for your damages.

Your lawyer may seek a settlement at this point, but it is not always possible. If you cannot come to an agreement, your case will be tried. It could be the trial of either a jury or a judge or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit may be high. Insurance companies are usually required to pay for expenses of an attorney, investigator, or other experts. Most parties want to settle claims as fast and efficiently as possible. Settlements can finish a claim on both sides and save everyone time and money. This is the reason why personal injury lawyers typically work on a contingency basis and are not paid until they have resolved your case. Equally, plaintiffs want to move on from the injury and its aftermath.

Statute of limitations

The statute of limitations is the time frame for filing a lawsuit. Failure to start a lawsuit within the appropriate time frame can bar your claim, which means you are not able to claim compensation the damages you suffered. A seasoned attorney will be able to identify the time limitations applicable to your case.

For example, in car accident cases the law requires that you submit your claim within three years from the date of your accident. However, there are a few circumstances that can alter the time limit for filing a claim. The deadline can be extended in certain circumstances like when you are minor and the incident involves an agency of the government.

In some cases, there may be a provision tolling the statute of limitations if the condition of the victim at the time of the accident is uncertain. Additionally, the statute of limitation can be tolled during the discovery process when your attorney requests information from the defendant and his or her lawyers in written questions called interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have the evidence you require for an effective defense. Many accidents require an investigation, which takes time. In addition, physical evidence is susceptible to deterioration over time.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some of these defenses to law could be based on procedural issues like a failure to meet the deadline for filing, while others may be based on the merits of a specific case.

Comparative negligence is a crucial factual defense. This is a legal argument that claims that the injured person submitting the claim should be held responsible for the injuries and damages they've suffered. This argument's validity will depend on the state's law. A majority of states have enacted some kind of law governing comparative negligence.

The defense of assumption can also be used by defendants to deny plaintiffs the right to compensation. This argument states that the injured party took on the risk of injury by taking part in an activity, like working out in a gym or participating in sports. This is a valid argument, but skilled attorneys know the best way to overcome it.

Another common defense is that the person who was injured was not able to limit their damages. If a plaintiff claims a loss in earnings as a part of the overall damages, the defendant might argue that the victim should have taken steps towards finding work, even though this could not have made the claimant whole.