Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other economic losses of a person will outstrip their no-fault insurance. A motor vehicle lawsuit could be the best option in this situation.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the financial, physical and other personal injuries caused by the negligent actions of another party. The majority of states have a tort liability system which means that the party responsible for the incident must compensate the victim for their losses. Twelve states also follow no-fault insurance laws that oblige car owners to carry their own insurance to protect themselves from injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit to determine responsible parties and possible causes of action. This is known as discovery and involves exchanging documents and seeking information from your adversaries. Be aware that your adversary is attempting to settle this case for as little money as they can. It may take some time before you receive an offer of an acceptable settlement.

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

It is not easy to assess the value of a motor vehicle accidents accident claim. However, your attorney will be able to prove your claim and get you maximum compensation. Your lawyer will discuss with insurance companies to come up with a fair solution which addresses your current and future financial needs.

Liability

During the first discovery phase of your case your attorney will begin sharing information with the insurance company of your adversary. This could include documents such as accident reports, medical records and witness statements.

You will be asked to provide your version of the events. The stress of an accident can interfere with your ability to remember details, but we will be patient and kind. Our aim is to help you to recall as much information as you can so that we can make an effective case on your behalf.

At this stage your lawyer will most likely negotiate a settlement. However, it's not always feasible. If no agreement is reached, your case will be taken to trial. This could be a bench trial in before a judge or jury, based on the jurisdiction.

A lawsuit can be expensive. Often the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. Because of this, many parties are looking to resolve their claims as quickly as possible. A settlement can end a case for both parties and save both time and money. This is one of the main reasons that personal injury lawyers usually operate on a contingency basis and do not get paid until they are able to settle your case. In the same way, plaintiffs desire to move past the accident and its consequences.

Statute of limitations

In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations. Failure to start a lawsuit within the appropriate timeframe can halt your claim, meaning you cannot recover the damages you suffered. A knowledgeable attorney can determine the precise time limits for your case.

For example in the case of car accidents, the law requires that you submit your claim within three years from the date of your crash. However, there are several circumstances that can alter your statute of limitations. For instance, the deadline can be tolled (stopped) under certain circumstances like when you're minor or the accident involves the services of a government agency.

There may also be a statute of limitations tolling provision in some cases when there is doubt about the mental health of the victim at the moment of the accident. The statute of limitations could also be tolled when your attorney requests lawyers for the defendant as well as the defendant to provide information through written questions known as interrogatories or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have access to the evidence required for a strong defense. Many accidents require an investigation, which can take time. Furthermore, evidence found on the ground may degrade as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawyers vehicle accident lawsuit. These comprise both factual and legal arguments. Some legal defenses are based on procedural issues that include failure to comply with the statute of limitations. Others could be based solely on the merits.

Comparative negligence is an important factual defense. It is a legal argument which asserts that the injured person who files the claim should be held partially accountable for the damages or injuries they've suffered. The validity of this argument an appropriate argument will depend on the state's law. The majority of states have adopted a type of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the argument that the injured party took on the risk of injury if they participated in the course of exercising at a gym or playing an athletic game. This is a valid defense, however, highly experienced attorneys are adept at overcoming this argument.

Another common defense is that the person who was injured did not take the necessary steps to reduce their losses. For example when a person is filing a loss of earnings claim as part of their total damages, the defendant might claim that the injured party should have taken steps to find a job, even if it would not have made them whole.