Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other economic expenses of a person could surpass 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 sending an official complaint to the defendant. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate for the financial, physical, and other personal injuries caused by the negligence of a third party. In most states the tort liability system is employed. This means that the party responsible for the accident is required to pay the victim for their losses. Twelve states also follow no-fault laws for insurance, which require car owners to have their own insurance in order to cover the injuries they cause to others.

In the initial stage of the legal process your lawyer will conduct a presuit investigation to identify potential liable parties and the possible legal remedies. This is called discovery and involves exchanging documents with your adversaries and seeking information. It is important to remember that your adversary is trying to resolve this case with the least amount possible, so it may be a while before you receive an acceptable settlement offer.

The amount of damages you receive from an auto accident lawsuit is contingent on the extent of the injury and the extent to which your property is damaged. Your lawyer can help you calculate the value the claim by adding up your medical expenses as well as any future or projected expenses.

It is not easy to assess the value of a motor accident claim. However, your lawyer will do everything to help your claim and ensure you receive maximum compensation. Your lawyer will work with insurance companies to achieve a fair resolution that meets your current and future financial needs.

Liability

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

You will be asked to share your own version of what happened. The trauma of an accident may impair your ability recall specific details, but we will be understanding and patient. Our goal is to help recall as much information as you can so that we can present an effective case on your behalf.

At this stage your lawyer will most likely come to a settlement. However, it is not always possible. If a settlement isn't reached, your case will move to trial. It could be an appeal before the jury, a judge or both, depending on the jurisdiction you are in.

The cost of a lawsuit could be very high. Insurance companies are typically required to cover the costs of an attorney investigator, or any other expert. This is why the majority of parties want to resolve their claims as quickly as possible. A settlement will save both parties time and money as well as end the claim. Personal injury lawyers are generally paid on a contingency fee and will not get paid until the case is concluded. Equally, plaintiffs wish to move on from the injury and its aftermath.

Statute of limitations

The statute of limitations is the time limit for filing a lawsuit. Failure to file a lawsuit within an proper time frame could halt your claim, which means you are not able to claim compensation for your injuries. A knowledgeable attorney can determine the precise time limits for your particular case.

For instance, in car accident cases, the law requires that you file your claim within three years of the date of the crash. However, there are many exceptions that can affect the statute of limitations. The deadline can be tolled in certain situations for instance, if 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 in doubt. Additionally the statute of limitations could be tolled during the discovery process when your attorney requests information from the defendant and their lawyers through written questions referred to as interrogatories or through a formal testimonies known as depositions.

A personal injury lawyer will help ensure that your case is filed in a timely manner and you are able to access the evidence that you need for a successful defense. Many accidents require an investigation, which may take time. Additionally, evidence that is physical is susceptible to deterioration over time.

Defenses

There are a myriad of defenses available in any motor vehicle accident lawsuit. These include both legal and factual arguments. Some legal defenses are based on procedural issues for example, failure to meet the statue of limitations. Other defenses may be solely based on merits.

Comparative negligence is an important factual defense. It is a legal argument which claims that the injured party who is filing the claim should be held partly responsible for the damages and injuries they have suffered. If this is an appropriate argument will depend on the state's law. Many states have a type of comparative negligence law.

The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This is the claim that the injured party took on the risk of injury by participating in some activity, for example, working out at a gym, or playing sports. This is a legitimate defense, however, highly experienced lawyers are adept at overcoming this argument.

Another common defense is that the person who was injured failed to minimize their losses. If someone claims losses in earnings as a part of the overall damages, the defendant may claim that the person who was injured should have taken the necessary steps to finding work, even if this wouldn't have made the claimant whole.