motor vehicle accident law firms Vehicle Accident Lawsuit

In many cases, medical costs and other losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit may be involved.

The process of filing a lawsuit starts with your attorney submitting the defendant a complaint. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the physical, financial and other personal injuries resulted from the negligence of a third party. The majority of states have a tort liability system which means that the person who caused the accident has to compensate the victim for his or her losses. Twelve states have no-fault insurance which requires car owners to carry insurance to protect themselves from any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to identify potential responsible parties and possible causes of action. This is referred to as discovery. It involves exchanging documents with your adversary and requesting details. Remember that your adversary is seeking to settle this case for as little as possible. It could take some time before you get an offer of an acceptable settlement.

The amount of damage you will receive in an auto accident lawsuit is contingent on the extent of the injury and the extent to which your property has been damaged. Your lawyer can assist you determine the value of the claim by adding up your medical expenses and any future or anticipated costs.

It's not always simple to assess the value of a motor vehicle accident claim, but your attorney will work diligently to build an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to reach a fair settlement that meets your current and future financial requirements.

Liability

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

You will also provide your account of what happened. We will be patient with you when the trauma of an accident affects your ability to remember details. Our aim is to help you recall as much as you can so we can present a convincing case for your damages.

Your lawyer will likely reach a settlement at this point, but it is not always possible. If no agreement is reached, the case will be taken to trial. This could be a bench trial in front of a judge or jury, based on the jurisdiction.

A lawsuit can be costly. Often, the insurers will have to cover the costs of the lawyer or investigator as well as other experts. The majority of parties wish to settle claims as swiftly and efficiently as they can. Settlements will save both parties time and money and close the claim. This is the reason that personal injury lawyers usually work on a contingency basis and do not get paid until they are able to settle your case. Plaintiffs also want to get past the accident and the aftermath.

Statute of limitations

In every lawsuit there is a deadline or period to file the case known as the statute of limitations. Failing to file a lawsuit within the appropriate time frame can bar your claim, meaning you cannot recover for your injuries. An experienced attorney can help you determine the specific time limits for your case.

In car accident cases, for example, the law requires you to file your claim within three years of the date of the accident. However, there are several exceptions that could affect your statute of limitations. For example, the deadline can be tolled (stopped) under certain circumstances such as when you're an under-age person or if the accident involves an agency of the government.

There may also be a statute-of-limitations tolling provision in some cases in the event of doubt regarding the victim's mental state at the time of the accident. In addition the statute of limitation can be extended during the discovery process when your attorney asks for information from the defendant and their lawyers through written questions known as interrogatories or via formal deposition or testimonies.

A personal injury lawyer can ensure that your legal case is filed on time and that you have the evidence required for a strong defense. Many accidents require investigation which can take time. Physical evidence can also deteriorate as time passes.

Defenses

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

Comparative negligence is a popular factual defense. It is a legal argument that claims that the injured person submitting the claim should be held responsible for the damages and injuries they have suffered. The validity of this argument is contingent on the laws of the state. Most states have some form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to compensation. The argument is that the person who was injured took on the risk of injury by participating in a sport like exercising at a gym or playing sports. This is a legitimate defense, however, experienced lawyers are able to circumvent this argument.

Another defense that is often used is that the victim was not able to limit their damages. If a plaintiff claims a loss in earnings as part of the overall damages, the defendant might argue that the injured person should have taken the necessary steps to finding work, even though this could not have made the claimant whole.