Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic losses can be beyond their no-fault insurance coverage. This is where the possibility of a motor vehicle suit could come into play.

The process of filing suit starts with the lawyer submitting an official complaint to the defendant. The defendant has the opportunity 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 another party. The majority of states have 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 law, which require car owners to have their own insurance to cover injuries they cause to other people.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify potential responsible parties and possible causes of action. This is known as discovery and it involves exchanging papers and requesting information from your adversaries. Keep in mind that your adversary is seeking to settle this case for as little money as they can. It may take some time before you receive an offer of an acceptable settlement.

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

It can be a challenge to determine the value of a motor accident claim. However, your attorney will do everything to help your claim and obtain the most compensation possible. Your lawyer will negotiate with the insurance companies to reach a fair settlement that addresses your financial and future requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin exchanging information with your adversary's insurance company. This will include documents such as accident reports and medical records, as well as witness statements, as well as expert opinions.

You will also provide your account of what happened. The trauma of an accident could impair your ability remember details, but we will be patient and compassionate. Our goal is to assist you in remember as much information as we can in order to make a strong case on your behalf.

Your lawyer is likely to reach a settlement at this stage, but it's not always feasible. If an agreement is not reached, the case will go to trial. This could be a bench trial front of a judge, or a jury, based on the jurisdiction.

A lawsuit can be expensive. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. Most parties would like to settle claims as fast and efficiently as possible. Settlements can close a claim for both sides and save everyone time and money. This is one of the reasons that personal injury lawyers usually are on a contingent basis and are not paid until they settle your case. Plaintiffs will also want to move past the accident and its aftermath.

Statute of limitations

The statute of limitations is the time frame for filing a lawsuit. Failure to start a lawsuit within the period of time allowed can invalidate your claim, which means you will not be able to recover compensation for your injuries. A seasoned attorney will be able to identify the timeframes that apply to your case.

In the case of car accidents for instance the law obliges you to file your claim within 3 years from the date of the incident. There are some exceptions to the statute of limitations. The deadline can be tolled in certain circumstances like if you are minor and the event involves an agency of the government.

In some instances 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 in doubt. Additionally the statute of limitation can be tolled during the discovery process when your attorney requests information from the defendant and their lawyers through written questions referred to as interrogatories, or in formal testimonies known as depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence you need for an effective defense. Many accidents require an investigation, which takes time. Evidence can also change as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural considerations like inability to satisfy the statute of limitations. Others could be based solely on the merits.

Comparative negligence is a crucial factual defense. This is a legal argument which asserts that the injured person who files the claim should be held accountable for the damage or injuries they've suffered. The validity of this argument will be contingent on the state law. Many states have enacted a form of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to attempt to take away plaintiffs' rights to compensation. This is the claim that the injured party took on the risk of injury by participating in some activity, for example, exercising at a gym or playing an athletic game. This is a legitimate defense, however, experienced lawyers know how to get around this argument.

Another defense that is often used is that the injured person failed to minimize their losses. For instance when a person is filing a loss of earnings claim as part of their overall damages, the defendant may argue that the person who was injured should have taken the necessary steps to find a job even if it could not have been enough to make them whole.