Motor Vehicle Accident Lawsuit

In many instances, the medical expenses and other economic losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit could come into play.

The procedure of filing a lawsuit starts with your attorney sending 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 caused by the negligence of a third party. In the majority of states the tort liability system is employed. This means that the person who caused the accident has to pay the victim for their losses. Twelve states also have no-fault insurance laws, which oblige car owners to carry their own insurance to cover injuries they cause to others.

In the initial stage of the legal process, your lawyer will conduct a pre-suit investigation to identify potential liable parties and potential causes of action. This process is known as discovery. It involves exchanging documents with your adversary and seeking details. Remember that your opponent is trying to settle this matter for as little as they can. It may take some time before you get an offer of an acceptable settlement.

The amount of damages you are awarded in a lawsuit over a car accident will depend on the severity of your injury and the extent of your property damage. Your lawyer can assist you in calculating the value of your claim by adding up the medical expenses you incur, including any projected or future expenses, and assessing the extent of your property damage.

It's not always simple to assess the value of a motor vehicle crash claim, but your lawyer will do their best to create an argument that can support your claim for the most compensation. Your lawyer will discuss with insurance companies to reach a fair settlement that addresses your current and future financial needs.

Liability

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

You will be asked to provide your own version of what happened. We will be patient with you if the stress of an accident hinders your ability to recall information. Our aim is to help you remember as much information as possible in order to make an argument on your behalf.

Your lawyer is likely to come to a settlement by this point, but it is not always feasible. If no agreement can be reached, the case will be brought to trial. It could be a trial before a judge, jury or both depending on the jurisdiction of your case.

The cost of a lawsuit can be very high. Often the insurers will have to pay for the cost of the lawyer, investigator, and other experts. For this reason, most parties want to settle their claims as quickly as they can. Settlement will end a case for both parties and save both time and money. Personal injury lawyers are typically paid on a contingency basis and will not get paid until your case is settled. The same goes for plaintiffs who want to move on from the accident and its consequences.

Statute of Limitations

The statute of limitations is the time limit for filing an action. If you fail to file your lawsuit within the prescribed time frame, your claim will be barred. This means you aren't able to seek compensation for the injuries you sustained. An experienced attorney can help you determine the exact timeframe for your particular case.

For example in car accident cases the law requires you file your claim within three years from the date of the crash. However, there are several exceptions that could affect the time limit for filing a claim. The deadline can be extended in certain situations like when you are a minor and the accident involves an agency of the government.

In some cases there could be a provision tolling the statute of limitations when the state of mind of the victim at the time of the accident is uncertain. Additionally, the statute of limitations can be tolled during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions known as interrogatories or through a formal deposition or testimonies.

An attorney for personal injuries can assist you in ensuring your case is handled in a timely manner and that you are in a position to obtain the evidence that you need for a successful defense. Many accidents require investigation, which may take time. Furthermore, evidence found on the ground can degrade over time.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. These include both factual and legal arguments. Some legal defenses are based on procedural considerations like inability to satisfy the statute of limitations. Others may be based solely on the merits.

Comparative negligence is an important factual defense. This is a legal argument which states that the person who files the claim should be held partially accountable for the damages or injuries they've sustained. The validity of this argument will depend on the state's law. Most states have a form of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. The argument is that the injured party was at risk of injury through engaging in an activity like exercising at a gym or playing sports. This is a legitimate argument, however experienced attorneys know the best approach to counter it.

Another defense that is often used is that the victim failed to minimize their losses. For example when a person is making a loss-of-income claim as part of their overall damages, the defendant may claim that the victim should have taken the necessary steps to find a job even if it would not have paid for their entire loss.