Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other financial expenses will exceed the insurance coverage they have under no-fault. This is where the possibility of a motor vehicle accident attorneys vehicle suit could come into play.

The procedure of filing a lawsuit starts by sending your attorney to the defendant a formal 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 other personal injuries caused by the negligent acts of a third party. Most states operate under a tort liability system which means that the person responsible for the incident must compensate the victim for his or her losses. Twelve states also follow no-fault law, which require car owners to carry their own insurance to cover any injuries they cause to others.

In the beginning of the legal process your lawyer will conduct a pre-suit investigation to determine liable parties and the possible reasons for action. This process is known as discovery. It involves exchanging documents with your adversary and requesting details. Remember that your adversary will try to settle the case for as little money as is possible. It may take some time before you get an offer of an acceptable settlement.

The amount of the damages you will receive in a lawsuit for car accidents will be contingent on the severity of your injuries and the extent of the damage to your property. Your lawyer can help calculate the value your claim by adding in your medical expenses and any future or anticipated costs.

It's not always easy to assess the value of a motor vehicle accident claim, but your attorney will do their best to create a strong case that supports your claim for maximum compensation. Your lawyer will negotiate with insurance companies to reach an acceptable settlement that will address your present and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company. This includes documents such as accident reports, medical records, and witness statements.

You will also share your version of what transpired. The trauma of an accident may hinder your ability to remember details, but we will be understanding and patient. Our aim is to help you recall as much information as possible so that we can make an effective case on your behalf.

At this point, your lawyer will most likely seek an agreement. However, it is not always feasible. If an agreement is not reached, the case will go to trial. It could be a trial before jurors, judges or both depending on the jurisdiction you are in.

The cost of a lawsuit can be high. Insurance companies are usually required to pay for the costs of an attorney investigator, or any other expert. Because of this, many parties would like to settle their claims as quickly as possible. A settlement will save both parties time and money and close the claim. Personal injury lawyers are usually paid on a contingency basis and will not be paid until the case is concluded. Similarly, plaintiffs will want to move on from the injury and its aftermath.

Statute of Limitations

In every lawsuit there is a time limitation to file the lawsuit known as the statute of limitation. Failure to file a lawsuit within the appropriate time frame can bar your claim, meaning you cannot recover the damages you suffered. An experienced lawyer will be able to identify the deadlines applicable to your particular case.

For example in car accident cases, the law requires that you submit your claim within three years of the date of your accident. However, there are a few exceptions that can affect the statute of limitations. For example, the deadline can be extended (stopped) in certain situations such as when you're minor or if the accident involves a government agency.

There could also be a statute of limitations tolling provision in certain cases when there is doubt about the condition of the victim's mind at the time of the accident. Additionally, the statute of limitations could be extended during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions referred to as interrogatories or via formal testimonies, also known as depositions.

An attorney for personal injuries can assist you in ensuring your case is handled promptly and that you're capable of obtaining the evidence you require to have a strong defense. Many wrecks need an investigation, which can take time. Furthermore, evidence found on the ground is susceptible to deterioration as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These include both legal and factual arguments. Some legal defenses are based on procedural issues, such as not meeting the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is a popular factual defense. This is a legal defense that argues that the injured person who filed the claim should be held partly accountable for the harm and injuries they have suffered. The validity of this argument will depend on the law of the state. Many states have a type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a fair settlement. The argument is that the plaintiff was at risk of injury through taking part in an activity, such as working out in a gym or participating in sports. This is a valid argument, but experienced attorneys know the best way to defeat it.

Another common defense that could be used is that the party who was injured did not take the necessary steps to reduce their losses. If someone asserts the loss of earnings as a part of the overall damages, the defendant can argue that the victim should have taken the necessary steps to finding work, even if this did not make the claimant whole.