Motor Vehicle Accident Lawsuit

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

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

Damages

In a motor vehicle accident lawsuit damages are awarded to cover the financial, physical and any other personal injury caused by the negligent actions of a third party. In most states, the tort liability system is utilized. This means that the party who caused the accident has to pay the victim for their losses. Twelve states also have no-fault laws for insurance, which oblige car owners to carry their own insurance to cover any injuries they cause to other people.

Your attorney will conduct an investigation prior to filing a lawsuit in order to identify possible accountable parties and potential causes of the action. This process is known as discovery. It involves exchanging documents with your adversary and requesting details. Remember that your opponent is attempting to settle this matter 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 damages you are awarded in a car accident lawsuit will depend on the severity of your injuries as well as the extent of the damage to your property. Your lawyer can help you calculate the value your claim by incorporating your medical expenses as well as any future or projected costs.

It can be a challenge to determine the value of a car accident claim. However, your attorney will do their best to defend your claim and ensure you receive the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to negotiate an equitable settlement that takes into account your current and future financial requirements.

Liability

During the initial discovery phase of your case your attorney will start exchanging information with the insurance company of your adversary. This includes documents like accident reports, medical records, witness statements, as well as expert opinions.

You will be asked to share your account of the incident. We will be patient with you if the trauma of an accident interferes with your ability recall details. Our aim is to help you remember as much as is possible so that we can build a strong argument for your damages.

At this moment your lawyer will likely reach a settlement. However, it's not always feasible. If no agreement is reached, the case will move to trial. This could be a bench trial in front of a judge, or a jury, depending on the jurisdiction.

The cost of a lawsuit may be very high. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. In this way, the majority of parties want to resolve their claims as quickly as they can. A settlement will save both parties money and time and end the claim. This is the reason why personal injury lawyers typically are on a contingent basis and don't receive a payment until they settle your case. In the same way, plaintiffs wish to move on from the injury and its aftermath.

Statute of Limitations

In every lawsuit there is a specific time limit to file the case called the statute of limitations. Failing to file a lawsuit within an proper time frame could halt your claim, meaning you cannot recover for your injuries. An experienced attorney can determine the specific time limits for your particular case.

In cases involving car accidents, for example, the law obliges you to file your claim within 3 years of the date of the incident. However, there are a few circumstances that can alter the statute of limitations. For example, the deadline can be tolled (stopped) under certain circumstances such as when you are a minor or when the accident involves a government agency.

There may also be a statute of limitation tolling option in certain instances when there is doubt about the mental health of the victim at the time of the accident. The statute of limitation could be tolled if your attorney contacts the lawyer of the defendant and the defendant for information through written questions known as interrogatories or formal depositions.

An attorney for personal injuries can assist you in ensuring your case is handled in a timely manner and that you are able to access the evidence that you need to be able to defend yourself effectively. Many wrecks require an investigation, which can take time. Furthermore, evidence found on the ground is susceptible to deterioration over time.

Defenses

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

Comparative negligence is a common factual defense. This is a legal defense that claims that the injured person who is filing the claim should be held accountable for the injuries and motor vehicle accident lawsuit damages they've suffered. The validity of this argument will be contingent on the law of the state. A majority of states have enacted some form of comparative negligence law.

Defendants often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This argument states that the person who was injured was at risk of injury through taking part in an activity, like working out in a gym or participating in sports. This is a legitimate argument, but experienced attorneys know the best way to counter it.

Another defense that is often used is that the injured person failed to minimize their losses. For example in the event that a person is making a loss-of-income claim as part of their overall damages, the defendant may claim that the victim should have taken the necessary steps to find work even if it would not have been enough to make them whole.