Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other economic damages will be more than the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit could be involved.

The process of filing suit begins with the lawyer submitting an official complaint to the defendant. The defendant then has the chance 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 acts of another party. Most states operate under the tort liability system, which means that the party responsible for the incident must pay compensation to the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance to cover injuries they cause to other people.

In the first phase of the legal process, your attorney will conduct a pre-suit probe to identify potential liable parties and potential options for action. This process is known as discovery. It involves exchanging documents with your adversaries and requesting details. It is crucial to keep in mind that your adversary is trying to settle this dispute for the smallest amount possible, therefore it could take a while before you receive an acceptable settlement offer.

The amount of damages you'll receive in a car accident lawsuit will depend on the severity of your injury as well as the amount of property damage. Your lawyer will assist you in calculating the value of your claim by adding your medical expenses, which includes any future or anticipated costs, and assessing the extent of your property damage.

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 maximum compensation. Your lawyer will work with insurance companies to come up with a fair solution that meets your current and future financial requirements.

Liability

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

You will also be asked to give your version of the events. The trauma of an accident may hinder your ability to remember details, but we will be patient and kind. Our aim is to help you remember as much information as you can so that we can present an effective case on your behalf.

At this moment, your lawyer will most likely seek a settlement. However, it's not always feasible. If you can't reach an agreement, the case will be decided. This could be a bench trial in the presence of a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Often, the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. For this reason, most parties would like to settle their claims as fast as possible. Settlement will make a claim void for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally are on a contingent basis and don't get paid until they resolve your case. Similarly, plaintiffs will want to move on from the injury and its aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing an action. Failure to file a lawsuit within the period of time allowed can invalidate your claim, meaning that you are not able to claim compensation the damages you suffered. An experienced lawyer can establish the time frame for your particular case.

For example, in car accident cases, the law requires that you submit your claim within three years of the date of your crash. However, there are several exceptions that can affect the statute of limitations. For example, the deadline can be extended (stopped) under certain circumstances like when you're minor or if the incident involves an agency of the government.

In some cases, there may be a provision for tolling the statute of limitations when the victim's mental state at the time of an accident is uncertain. The statute of limitations may also be tolled when your attorney asks lawyers for the defendant as well as the defendant to provide information via written questions known as interrogatories or formal depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have access to the evidence you require to mount a a strong defense. Many accidents require an investigation, which can take time. Evidence can also change over time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident attorney vehicle accident lawsuit. These include both legal and factual arguments. Some legal defenses are based on procedural issues, such as failure to meet the statue of limitations. Others may be based solely on the merits.

Comparative negligence is a crucial factual defense. This is a legal defense which asserts that the injured person who files the claim should be held partially responsible for the injuries or damages they've sustained. The validity of this argument is contingent on the law of the state. Most states have adopted some type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation. The argument is that the victim took on the risk of injury by participating in an activity like exercising at a gym or playing sports. This is a legitimate defense, however, experienced attorneys know how to overcome this argument.

Another common defense that can be used is that the victim did not adequately compensate for their losses. For example in the event that a person is filing a loss of earnings claim as part of their overall damages, the defendant can argue that the injured party should have taken steps to find work, even if it would not have made them whole.