Motor Vehicle Accident Lawsuit

In many cases, medical costs and other expenses of a person could outstrip their no-fault insurance. A motor vehicle lawsuit might be the best option in this scenario.

The process of filing suit begins with your lawyer submitting an accusation 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 the financial, physical and any other personal injury resulted from the negligence of another party. In most states the tort liability system is employed. This means that the party who caused the incident is responsible to pay the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible at-fault parties and possible causes of the action. This is known as discovery and it involves exchanging papers and seeking information from your adversary. Keep in mind that your adversary is seeking to settle this case with as little as they can. It could take some time before you get an offer of an acceptable settlement.

The amount of damage you receive from a car accident lawsuit depends on the severity of the injury and the extent to the extent that your property has been damaged. Your lawyer can help determine the value of your claim by incorporating your medical expenses as well as any projected or future costs.

It can be difficult to determine the value of a motor accident claim. However, your lawyer will work hard to support your claim and motor vehicle accident lawsuit secure the most compensation possible. Your lawyer will negotiate with insurance companies to reach a fair settlement that addresses your present and future financial needs.

Liability

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

You will also provide your version of what transpired. We will be patient with you if the stress of an accident interferes with your ability to recall specific details. Our aim is to help you to recall as much information as we can in order to make an argument on your behalf.

Your lawyer may seek a settlement at this point, but it is not always possible. If you can't reach an agreement, the case will be heard. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are often required to pay for the costs of an attorney investigator, or any other expert. For this reason, most parties would like to settle their claims as fast as they can. Settlements will save both parties time and money as well as make the claim more streamlined. Personal injury lawyers are typically paid on a contingency basis and will not be paid until the case has been completed. Plaintiffs will also want to move on from the accident and its aftermath.

Statute of Limitations

In every lawsuit there is a time period to file the case known as the statute of limitation. If you don't submit your lawsuit within the given time period, your claim will be barred. This means you aren't able to seek compensation the damages you suffered. An experienced attorney can determine the exact timeframe for your particular case.

In the case of car accidents, for example the law obliges you to file a claim within 3 years of the date of the incident. There are a few exceptions to the statute of limitations. The deadline can be extended in certain situations for instance, if you are minor and the incident involves an agency of the government.

In some cases there could be a provision allowing the statute of limitations when the victim's mental state at the time of the accident is uncertain. The statute of limitations could be tolled if your attorney requests the lawyer for the defendant and the defendant for information through written questions, also known as interrogatories or formal depositions.

An attorney for personal injuries can assist you in ensuring that your case is filed promptly and you are capable of obtaining the evidence that you need to have a strong defense. Many wrecks need an investigation, which may take time. The physical evidence can also degrade over time.

Defenses

In any lawsuit involving an accident involving a motor vehicle there are numerous defenses that could be brought up. These include factual and legal arguments. Some of these legal defenses could be based upon procedural issues like the inability to meet the deadline for filing, while others might be based on the merits of a specific case.

Comparative negligence is an important factual defense. It is a legal argument which asserts that the injured person who filed the claim should be held partially responsible for the damage or injuries they have sustained. This argument's validity will depend on the state law. Most states have a form of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and deny plaintiffs their right to compensation. This argument states that the person who was injured took on the risk of injury by participating in an activity like exercising in a gym or participating in sports. This is a legitimate argument, however experienced attorneys know the best approach to overcome it.

Another common defense that can be used is that the party who was injured failed to mitigate their losses. For instance in the event that a person is filing a loss of earnings claim as part of their overall damages, the defendant could argue that the injured party should have taken steps to find work even if it would not have paid for their entire loss.