Motor Vehicle Accident Lawsuit

In many instances, a person’s medical expenses and other economic losses will go beyond their insurance’s no-fault coverage. A motor vehicle lawsuit could be the most appropriate option in this case.

The procedure of filing suit begins with your lawyer sending an official complaint to the defendant. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical, and other personal injuries caused by the negligent acts of a third party. Most states follow a tort liability system, which means that the party responsible for the accident must pay compensation to the victim for their losses. Twelve states also have no-fault insurance laws that require car owners to have their own insurance to cover any injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit in order to determine liable parties and potential causes of action. This is called discovery and involves exchanging documents with your adversary and requesting information. Be aware that your adversary is attempting to settle this case for as little money as is possible. It may take some time before you get an offer of a fair settlement.

The amount of damage you receive for a car accident lawsuit depends on the severity of the injuries and the extent to the extent that your property has been damaged. Your lawyer can help determine the value of your claim by incorporating your medical expenses and any projected or future expenses.

It isn’t always easy to determine the value of a car accident claim. However, your lawyer will do everything to help your claim and get you maximum compensation. Your lawyer will negotiate with insurance companies to negotiate a fair settlement which addresses your current and future financial needs.

Liability

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

You will also give your version of what happened. We will be patient with you if the trauma of an accident interferes with your ability to recall specific details. Our aim is to help you recall as much as possible so we can build a strong case for your damages.

Your lawyer may reach a settlement at this stage, but it’s not always feasible. If no agreement is reached, your case will move to trial. It could be the trial of a judge, jury or both, depending on the jurisdiction you are in.

The cost of a lawsuit can be very high. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. Because of this, many parties are looking to settle their claims as swiftly as they can. A settlement will save both parties time and money as well as close the claim. Personal injury lawyers are generally paid on a contingency basis and are not paid until your case is concluded. Plaintiffs also want to get past the incident and its aftermath.

Statute of limitations

In every lawsuit there is a time period to file the case called the statute of limitations. Failure to file a lawsuit within the appropriate timeframe can halt your claim, which means you will not be able to recover compensation the damages you suffered. An experienced attorney will be able determine the time limitations that apply to your case.

For example in car accident cases the law requires you file your claim within three years from the date of the crash. There are a few exceptions to the statute of limitations. The deadline may be extended in certain circumstances for instance, if you are a minor and the accident involves an agency of the government.

In some cases there could be a provision that will tollerate the statute of limitations in cases where the condition of the victim at the time of an accident is unclear. In addition, Motor Vehicle Accident Lawsuit the statute of limitations may be tolled during the discovery process when your attorney requests information from the defendant and his or her lawyers through written questions referred to as interrogatories or by way of formal deposition or testimonies.

A personal injury lawyer can ensure that your legal claim is filed in time and that you have access to the evidence you need for an effective defense. Many wrecks require an investigation that can take a long time. Evidence can also change over time.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. They include both legal and factual arguments. Some legal defenses are based on procedural concerns, such as failure to meet the statue of limitations. Others may be solely based on merits.

Comparative negligence is a crucial factual defense. This is a legal argument which asserts that the injured person who filed the claim should be held accountable for the damage or injuries they’ve sustained. If this is an appropriate argument will depend on state law. Many states have a type of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to try and take away plaintiffs’ rights to compensation. This argument states that the victim took on the risk of injury by participating in an activity such as exercising in a gym or participating in sports. This is a valid argument, but skilled attorneys know the best way to counter it.

Another common defense that could be used is that the injured party did not adequately compensate for their losses. For example, if a person is making a loss of earnings claim as part of their total damages, the defendant might argue that the person who was injured should have taken the necessary steps to find work, even if it would not have been enough to make them whole.