Motor Vehicle Accident Lawsuit

In many instances, the medical costs and other economic losses a person suffers will override their no-fault protection. This is where a motor vehicle lawsuit may come into play.

The procedure of filing a lawsuit starts with your attorney submitting to the defendant a lawsuit. The defendant then has the opportunity 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 negligence of a third party. The majority of states use the tort liability system which means that the person responsible for the incident must pay compensation to the victim for his or her losses. Twelve states also have no-fault law, Motor Vehicle Accident Lawsuit which require car owners to have their own insurance to protect themselves from injuries they cause to other people.

In the initial stage of the legal process, your lawyer will conduct a pre-suit probe to determine liable parties and potential legal remedies. This is known as discovery and it involves exchanging papers and seeking information from your adversaries. Keep in mind that your adversary will try to settle the case with as little as is possible. It may take some time before you get an offer of an acceptable settlement.

The amount of damages you are awarded in a car accident lawsuit will depend on the seriousness of your injury as well as the extent of the damage to your property. Your lawyer can help determine the value of the claim by adding up your medical expenses as well as any future or projected expenses.

It is not easy to assess the value of a motor vehicle accident law firms accident claim. However, your lawyer will be able to prove your claim and ensure you receive the maximum amount of money. Your lawyer will discuss with insurance companies to negotiate a fair settlement that addresses your current and future financial requirements.

Liability

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

You will also provide your account of what happened. We will be patient with you if the trauma of an accident affects your ability to remember details. Our goal is to assist you in remember as much information as is possible so that we can present a strong case on your behalf.

Your lawyer will likely negotiate a settlement at this stage, but it's not always possible. If no agreement can be reached, your case will be brought to trial. It could be a trial before the jury, a judge or both depending on the jurisdiction of your case.

The cost of a lawsuit may be expensive. Insurance companies are usually required to pay the expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as fast and efficiently as is possible. Settlements will save both parties time and money and conclude the case. Personal injury lawyers are typically paid on a contingency fee and won't be paid until your case is resolved. The same goes for plaintiffs who wish to move on from the injury and its aftermath.

Statute of limitations

In every lawsuit there is a time period to file the case known as the statute of limitations. If you don't submit your lawsuit within the prescribed time period your claim will be denied. This means you won't be able to recover compensation any compensation for your injuries. A knowledgeable attorney can determine the exact timeframe for your 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 incident. There are a few exceptions to the statute of limitations. For instance, the deadline can be extended (stopped) under certain circumstances such as when you're an under-age person or if the accident involves the services of a government agency.

There may also be a statute of limitations tolling provision in some cases when there is doubt about the mental state of the victim at the time of the accident. The statute of limitations may be tolled if your attorney asks the lawyer of the defendant and the defendant for details through written interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal case is filed in time and that you have access to the evidence you need for a strong defense. Many wrecks require an investigation, which can take time. Additionally, evidence from the physical may degrade as time passes.

Defenses

There are a myriad of defenses available in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural questions that include inability to satisfy the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is an important factual defense. It is a legal argument which asserts that the person submitting the claim should be held partly responsible for the harm and injuries they've suffered. The validity of this argument will be contingent on the state law. A majority of states have enacted some 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 injured party assumed risk of injury by engaging in an activity such as exercising at a gym or playing sports. This is a valid argument, however experienced attorneys know the best approach to defeat it.

Another defense that is often used is that the injured person was not able to limit their damages. For instance when a person is making a loss-of-income claim as part of their overall damages, the defendant might claim that the victim should have taken steps to find a job regardless of the fact that it would not have paid for their entire loss.