Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other financial losses of a person will override their no-fault protection. This is where a motor vehicle accidents vehicle lawsuit might be involved.

The process of filing a lawsuit begins with your attorney submitting to the defendant a formal complaint. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded for physical and financial injuries caused by another's negligent actions. Most states operate under the tort liability system which means that the person responsible for the accident must pay compensation to the victim for their losses. Twelve states also have no-fault law, which require 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 presuit investigation to identify potential liable parties and the possible options for action. This is called discovery and involves exchanging documents with your adversaries and requesting details. It is important to remember that your adversary is trying to settle this dispute for the smallest amount possible, therefore it could take a while before you receive a fair settlement offer.

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

It is not always easy to judge the value of a motor vehicle crash claim, but your attorney will work diligently to build an argument that is strong and supports your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to come up with a fair solution that addresses your current and future financial requirements.

Liability

During the initial discovery stage of your case, your lawyer will begin sharing 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 version of the events. We will be patient with you if the trauma of an accident hinders your ability to recall information. Our aim is to assist you remember as much as possible so we can make a convincing case for your damages.

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

The cost of a lawsuit can be substantial. Often, the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. The majority of parties wish to settle claims as quickly and efficiently as they can. A settlement will close a claim for both sides and save everyone time and money. This is the reason why personal injury lawyers generally are on a contingent basis and are not paid until they have resolved your case. Similarly, plaintiffs will want to move on from the incident and its consequences.

Statute of Limitations

In every lawsuit there is a time limit to file the case known as the statute of limitations. If you fail to file your lawsuit within the specified time period your claim will be deemed barred. This means that you aren't able to seek compensation for the injuries you sustained. A knowledgeable attorney can determine the specific time limits for your particular case.

In the case of car accidents, for example, the law obliges you to file your claim within 3 years of the date of the accident. However, there are a few exceptions that can affect the statute of limitations. The deadline can be tolled in certain circumstances like when you are minor and the event involves an agency of the government.

There may also be a statute-of-limitations tolling provision in some cases when there is doubt about the condition of the victim's mind at the time of the accident. The statute of limitation could be tolled if your attorney demands from the defendant's lawyer and the defendant for details through written interrogatories, or formal depositions.

A personal injury lawyer will help ensure that your case is handled in a timely manner and that you are able to access the evidence that you need for a successful defense. Many accidents require an investigation that can take a long time. The physical evidence can also degrade with time.

Defenses

There are many defenses available in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these defenses to law could be based on procedural factors like a failure to meet the statute of limitations, while others might be based on the merits of a specific case.

Comparative negligence is a crucial factual defense. This is a legal claim which asserts that the injured person who files the claim should be held partially responsible for the damages or injuries they have sustained. If this is an appropriate argument will depend on state law. The majority of states have adopted a form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. The argument is that the person who was injured took on the risk of injury by participating in a sport like working out in a gym or participating in sports. This is a legitimate argument, but skilled attorneys know the best approach to resolve it.

Another defense that is often used is that the person who suffered injury failed to minimize their losses. If someone asserts the loss of earnings as part of the overall damages, the defendant may claim that the person who was injured ought to have taken steps towards finding work, even if this would not have made the claimant whole.