Motor Vehicle Accident Lawsuit

In many instances, the medical expenses and other economic losses of a person will override their no-fault protection. This is where a motor vehicle lawsuit could be a factor.

The procedure of filing suit begins with your lawyer sending a complaint to the defendant. The defendant then has the chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the physical, financial and any other personal injury caused by the negligent actions of a third party. Most states follow a tort liability system, which means that the party responsible for the incident must compensate the victim for their losses. Twelve states also follow no-fault law, which oblige car owners to carry their own insurance in order to cover the injuries they cause to other people.

In the initial phase of the legal process, your attorney will conduct a pre-suit probe to determine liable parties and possible causes of action. This process is known as discovery. It involves exchanging documents with your adversary and seeking information. Keep in mind that your adversary is attempting to settle this case for as little money as they can. It could take some time before you receive an offer of a fair settlement.

The amount of damage you receive from an auto accident lawsuit is contingent on the extent of the injury and the extent to the extent that your property has been damaged. Your lawyer will help you calculate the value of your claim by adding your medical expenses, which includes any future or motor vehicle accident lawsuit anticipated costs, and evaluating the amount of damage to your property.

It is not always easy to judge the value of a motor vehicle accident claim, but your attorney will be diligent in constructing a strong case that supports your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to negotiate a fair settlement that addresses your financial and future requirements.

Liability

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

Also, you will provide your version of what transpired. We will be patient with you in the event that the trauma of an accident affects your ability to remember details. Our aim is to help you remember as much as possible so we can present a strong case for your injuries.

Your lawyer may come to a settlement by this point, but it is not always possible. If you can't come to an agreement, your case will be decided. It could be the trial of a judge, jury or both, depending on your jurisdiction.

A lawsuit can be costly. Insurance companies are often required to pay for costs of an attorney investigator, or other experts. The majority of parties wish to settle claims as swiftly and efficiently as possible. A settlement will make a claim void for both parties and save both time and money. This is one of the main reasons that personal injury lawyers usually operate on a contingency basis and are not paid until they have resolved your case. Similarly, plaintiffs will wish to move on from the accident and its repercussions.

Statute of Limitations

In every lawsuit there is a specific time limit for filing the case known as the statute of limitations. Failing to file a lawsuit within an period of time allowed can invalidate your claim, which means you cannot recover the damages you suffered. An experienced attorney can determine the exact timeframe for your case.

In the case of car accidents, for example the law requires you to file your claim within 3 years of date of the accident. However, there are many exceptions that could affect the statute of limitations. For example, the deadline can be extended (stopped) in certain circumstances such as when you're minor or the accident involves an agency of the government.

In some cases, there may be a provision for tolling the statute of limitations when the victim's mental state at the time of the accident is uncertain. The statute of limitation could be tolled if your attorney requests the lawyer of the defendant and the defendant for details through written questions called interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence you need for a strong defense. Many wrecks require an investigation, which can take time. The physical evidence can also degrade with time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These comprise both factual and legal arguments. Some of these legal defenses may be based on procedural factors like a failure to meet the statute of limitations, whereas others could be based upon the merits of a particular case.

Comparative negligence is a typical factual defense. It is a legal argument that claims that the person who filed the claim should be held partially responsible for the damage or injuries they've sustained. The validity of this argument will depend on the laws of the state. A majority of states have enacted some type of comparative negligence law.

Defendants often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This argument states that the plaintiff was at risk of injury through participating in an activity like exercising in a gym or participating in sports. This is a legitimate defense, however, highly experienced lawyers are able to circumvent this argument.

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