Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial damages will be more than their insurance coverage that is no fault. A motor vehicle lawsuit might be the best option in this situation.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to pay for the financial, physical, and other personal injuries resulted from the negligence of a third party. Most states follow 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 also follow no-fault insurance laws, which require car owners to carry their own insurance to protect themselves from injuries they cause to others.

In the initial stage of the legal process your attorney will conduct a presuit investigation to determine liable parties and available reasons for action. This is called discovery, and involves transferring documents and seeking information from your adversary. Remember that your opponent will try to settle the case for as little as is possible. It could take a bit of time before you receive an offer of a fair settlement.

The amount of damages you receive in a lawsuit over a car accident will depend on the severity of your injury and the amount of property damage. Your lawyer can assist you calculate the value your claim by incorporating your medical expenses and any projected or future costs.

It's not always straightforward to judge the value of a motor vehicle accident lawyers vehicle crash claim, but your attorney will be diligent in constructing an argument that will support your claim for the most compensation. Your lawyer will negotiate with insurance companies to reach an equitable settlement that meets your present and future financial needs.

Liability

In the initial discovery phase of your case, your lawyer 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 also be asked to tell your own version of what happened. We will be patient with you if the trauma of an accident affects your ability to recall information. Our goal is to assist you remember as much as you can, so we can present a strong case for your injuries.

At this point, your lawyer will most likely come to an agreement. However, it's not always possible. If an agreement is not reached, your case will move to trial. This could be a bench trial front of a judge or jury, based on the jurisdiction.

A lawsuit can be expensive. Usually, insurers will need to cover the costs of the lawyer as well as the investigator and other experts. The majority of parties want to settle claims as swiftly and efficiently as they can. A settlement will save both parties money and time and end the claim. This is one of the main reasons that personal injury lawyers usually are on a contingent basis and don't get paid until they are able to settle your case. The same goes for plaintiffs who want to move on from the accident and its repercussions.

Statute of Limitations

The statute of limitations is the time frame for filing an action. Failing to start 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 attorney can determine the time frame for your case.

For example when it comes to car accidents the law requires that you file your claim within three years of the date of the crash. However, there are several exceptions that could affect the statute of limitations. For instance, the deadline can be extended (stopped) under certain circumstances such as when you are an under-age person or if the accident involves a government agency.

There could also be a statute of limitation tolling option in certain instances when there is doubt about the condition of the victim's mind at the time of the accident. The statute of limitation could also be tolled when your attorney demands from lawyers for the defendant as well as the defendant for information through written questions called interrogatories, or formal depositions.

A personal injury attorney can assist you in ensuring your case is filed in a timely manner and you are competent to gather the evidence that you need to have a strong defense. Many wrecks require an investigation, which takes time. Physical evidence may also become less reliable over time.

Defenses

There are many defenses that could be argued in any motor vehicle accident lawsuit. These comprise both factual and legal arguments. Some of these legal defenses could be based on procedural issues such as failure to comply with the deadline for filing, while others may be based on the merits of a particular case.

Comparative negligence is a crucial factual defense. This is a legal argument which claims that the injured person who is filing the claim should be held partly responsible for the injuries and damages they have suffered. The validity of this argument will depend on the laws of the state. Most states have some form of comparative negligent law.

Defendants can also rely on the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. This argument states that the person who was injured assumed the risk of injury when they participated in an activity, like working out at a gym, or playing sports. This is a legitimate defense, but experienced lawyers know how to get around this argument.

Another defense that is often used is that the injured person failed to mitigate their damages. If someone asserts a loss in earnings as part of the overall damages, the defendant might argue that the injured party should have taken steps towards finding work, even though this would not have made the claimant whole.