Motor Vehicle Accident Lawsuit

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

The procedure of filing suit begins with the lawyer submitting an official 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 pay for the financial, physical, and any other personal injury caused by the negligent actions of another party. The majority of states have the tort liability system, which means that the party who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no-fault insurance which obliges car owners to have insurance to compensate for any injuries they may cause.

In the first phase of the legal process your attorney will conduct a pre-suit inquiry to identify any potential defendants and the possible options for action. This is referred to as discovery and involves exchanging documents and requesting information from your adversaries. It is crucial to remember that your adversary is trying to resolve this dispute for the smallest amount possible, therefore it could take some time before you receive an acceptable settlement offer.

The amount of damages you receive in a lawsuit over a car accident will be contingent on the severity of your injuries and the extent of the damage to your property. Your lawyer will assist you in calculating the value of your claim by adding your medical expenses, including any future or projected costs, and evaluating the amount of damage to your property.

It's not always easy to judge the value of a motor vehicle crash claim, but your lawyer will diligently build an argument that can support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to come up with an equitable settlement that takes into account your financial and future needs.

Liability

In the initial discovery phase of your case, your lawyer will begin exchanging 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 transpired. The trauma of an accident could affect your ability to recall specific details, but we will be patient and kind. Our aim is to help you recall as much information as is possible in order to make a strong case on your behalf.

Your lawyer is likely to reach a settlement at this stage, but it's not always possible. If a settlement isn't reached, your case will be taken to trial. It could be the trial of the jury, a judge or both depending on your jurisdiction.

A lawsuit can be costly. Insurance companies are typically required to cover the expenses of an attorney, investigator, or other experts. In this way, the majority of parties want to settle their claims as fast as possible. Settlements will save both parties money and time and conclude the case. This is one of the reasons why personal injury lawyers generally operate on a contingency fee and don't receive a payment until they are able to settle your case. In the same way, plaintiffs be looking to move on from the accident and its consequences.

Statute of Limitations

In every lawsuit there is a time limit for filing the case known as the statute of limitation. Failure to submit a lawsuit within the proper time frame could halt your claim, which means you cannot recover for your injuries. A knowledgeable attorney can determine the specific time limits for your particular case.

In car accident cases for instance the law requires you to file your claim within three years of the date of the accident. However, there are a few exceptions that can affect your statute of limitations. The deadline may be tolled in certain situations like when you are a minor and the accident involves an agency of the government.

In some instances there could be a provision tolling the statute of limitations in cases where the victim's state of mind at the time of the accident is unclear. Additionally the statute of limitations may be extended during the discovery process when your attorney asks for information from the defendant and his or her lawyers through written questions, also known as interrogatories or by way of formal testimonies known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence you require to mount a an effective defense. Many wrecks need an investigation which can take time. Physical evidence may also become less reliable over time.

Defenses

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

Comparative negligence is a common factual defense. This is a legal defense that claims that the person who files the claim should be held partly accountable for the damage or injuries they've sustained. The validity of this argument an acceptable argument will depend on the laws of the state. Many states have a type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. The argument is that the plaintiff took on the risk of injury by engaging in an activity such as working out in a gym or participating in sports. This is a legitimate argument, but experienced attorneys know the best way to defeat it.

Another common defense that can be used is that the person who was injured did not adequately compensate for their losses. For instance, if a person is making a loss of earnings claim as part of their total damages, the defendant could claim that the victim should have taken steps to find a job regardless of the fact that it would not have compensated them fully.