Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic expenses will exceed their insurance's no-fault coverage. A motor vehicle lawsuit might be the best option in this scenario.

The procedure 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 cover the financial, physical, and any other personal injury caused by the negligent acts of a third party. The majority of states use the tort liability system, which means that the party responsible for the accident must pay compensation to the victim for his or her losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to compensate for any injuries they may cause.

In the initial phase of the legal process, your attorney will conduct a pre-suit inquiry to identify any potential defendants and possible legal remedies. This is known as discovery and involves transferring documents and requesting information from your adversary. Remember that your opponent is attempting to settle this case for as little money as they can. It could take a bit of time before you receive an offer of a fair settlement.

The amount of compensation you are awarded in a lawsuit arising from a car accident is contingent on the severity of the injury as well as the extent to the extent that your property has been damaged. Your lawyer can help you calculate the value of your claim by adding your medical expenses, including any future or anticipated costs, and assessing the severity of your property damage.

It can be a challenge to determine the value of a car accident claim. But, your attorney will do their best to defend your claim and ensure you receive the most compensation possible. Your lawyer will engage with insurance companies in order to achieve a fair resolution that addresses your current and future financial requirements.

Liability

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

You will be asked to provide your account of the incident. We will be patient with you when the trauma of an accident impedes your ability to recall information. Our aim is to help you remember as much information as we can so that we can make a strong case on your behalf.

At this moment your lawyer will most likely reach an agreement. However, it's not always feasible. If an agreement is not reached, the case will be taken to trial. It could be an in-person trial before a judge, jury or both, depending on the jurisdiction in which you reside.

A lawsuit can be costly. Insurance companies are typically required to pay for costs of an attorney investigator, or other experts. For this reason, most parties wish to resolve their claims as quickly as possible. A settlement can save both parties time and money as well as close the claim. This is one of the reasons why personal injury lawyers generally operate on a contingency fee and don't get paid until they settle your case. The same goes for plaintiffs who want to move on from the accident and its consequences.

Statute of Limitations

In every lawsuit there is a specific time limit to file the case called the statute of limitations. Failure to start a lawsuit within the proper time frame could halt your claim, meaning that you will not be able to recover compensation for your injuries. An experienced attorney will be able determine the timeframes applicable to your particular case.

In cases involving car accidents for instance, the law obliges you to file a claim within three years of the date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline can be extended (stopped) in certain situations such as when you are minor or if the accident involves a government agency.

In some instances, there may be a provision that will tollerate the statute of limitations when the victim's mental state at the time of the accident is in doubt. Additionally, the statute of limitations could be extended during the process of discovery when your attorney seeks information from the defendant and his or her lawyers through written questions known as interrogatories or via formal testimonies known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence you require for an effective defense. Many accidents require an investigation, which takes time. Physical evidence can also deteriorate over time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawyer vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural questions that include not meeting the statute of limitations. Others could be based solely on the merits.

Comparative negligence is a popular factual defense. This is a legal argument that claims that the injured person who is filing the claim should be held partially accountable for the damage and injuries they've suffered. The validity of this argument will be contingent on the laws of the state. Most states have some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation. This is the claim that an injured party assumed the risk of injury when they took part in some activity, for example, exercising at a gym or playing a sport. This is a valid defense, but skilled lawyers are adept at overcoming this argument.

Another common defense that could be used is that the party who was injured failed to mitigate their losses. For example, if a person is filing a loss of earnings claim as part of their overall damages, the defendant can claim that the victim should have taken steps to find work even if it would not have paid for their entire loss.