Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial damages will be more than their insurance coverage that is no fault. A motor vehicle accident attorney vehicle lawsuit may be the most appropriate option in this case.

The process of filing suit starts with your lawyer submitting an accusation to the defendant. The defendant has the right to respond to your complaint.

Damages

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

Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible accountable parties and potential causes of action. This is called discovery and involves exchanging documents with your adversary and seeking details. Keep in mind that your adversary will try to settle the case for as little as they can. It could take some time before you get an offer of an acceptable settlement.

The amount of compensation you will receive in an injury lawsuit in a car depends on the severity of the injury and the extent to the extent that your property has been damaged. Your lawyer can help calculate the value your claim by incorporating your medical expenses as well as any future or projected expenses.

It's not always easy to judge the value of a motor vehicle accident claim, but your attorney will work diligently to build an argument that can support your claim for maximum compensation. Your lawyer will work with insurance companies to achieve a fair resolution that addresses your current and future financial needs.

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 such as accident reports, medical records and witness statements.

You will be asked to provide your version of the events. We will be patient with you if the trauma of an accident affects your ability to recall information. Our goal is to help you recall as much as you can so we can present a strong case for your injuries.

Your lawyer is likely to negotiate a settlement at this point, but it is not always possible. If no agreement is reached, your case will be brought to trial. It could be a trial before either a jury or a judge or both depending on the jurisdiction you are in.

A lawsuit can be expensive. Insurance companies are usually required to pay for expenses of an attorney, investigator, or other experts. Most parties would like to settle claims as swiftly and efficiently as they can. A settlement will save both parties time and money as well as conclude the case. Personal injury lawyers are typically paid on a contingency basis and will not be paid until your case is settled. Plaintiffs will also want to move on from the accident and its aftermath.

Statute of limitations

In every lawsuit, there is a time limit to file the case known as the statute of limitations. Failure to start a lawsuit within the appropriate timeframe can halt your claim, meaning you won't be able to seek compensation for your injuries. A seasoned attorney will be able determine the deadlines for your particular case.

In the case of car accidents for instance the law obliges you to file a claim within 3 years of date of the incident. There are a few exceptions to the statute of limitations. For instance, the deadline could be tolled (stopped) in certain situations like when you're a minor or when the accident involves the services of a government agency.

In some cases there could be a provision for tolling the statute of limitations if the condition of the victim at the time of an accident is unclear. In addition, the statute of limitations can be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories, or in formal testimonies known as depositions.

An attorney for personal injuries can assist you in ensuring your case is handled in a timely manner and that you're capable of obtaining the evidence that you need to be able to defend yourself effectively. Many wrecks require an investigation, which can take time. Evidence can also change over time.

Defenses

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

Comparative negligence is a crucial factual defense. It is a legal theory that argues that the injured person submitting the claim should be held partially accountable for the damages and injuries they've suffered. If this is an acceptable argument will depend on the laws of the state. Most states have a form of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This argument states that the person who was injured assumed risk of injury by participating in a sport such as exercising at a gym or playing sports. This is a valid argument, but skilled attorneys know the best way to resolve it.

Another common defense that can be used is that the party who was injured did not take the necessary steps to reduce their losses. For instance in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant could argue that the injured party should have taken the necessary steps to find a job even if it would not have compensated them fully.