Motor Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses can be beyond their insurance coverage that is no fault. This is where a motor vehicle accident law firm vehicle lawsuit may come into play.

The process of filing a lawsuit begins with your attorney sending the defendant a formal complaint. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the financial, physical and any other personal injury caused by the negligence of another party. Most states follow a tort liability system, which means that the person responsible for the incident must pay compensation to the victim for their losses. Twelve states also follow no-fault law, which oblige car owners to carry their own insurance to protect themselves from injuries they cause to others.

Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify possible at-fault parties and possible causes of the action. This is known as discovery and involves transferring documents and seeking information from your adversaries. Remember that your opponent is seeking to settle this case with as little as possible. It may take some time before you get an offer of a fair settlement.

The amount of the damages you will receive in a lawsuit arising from a car accident will depend on the severity of your injuries and the amount of property damage. Your lawyer can help you calculate the value your claim by adding in your medical expenses as well as any future or anticipated costs.

It's not always simple to assess the value of a motor vehicle crash claim, but your attorney will do their best to create an argument that is strong and supports your claim for the highest amount of compensation. Your lawyer will discuss with insurance companies to reach a fair settlement that will address your present and future financial needs.

Liability

During 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 provide your account of what transpired. The trauma of an accident can hinder your ability to recall details, however we will be understanding and patient. Our goal is to help recall as much information as we can to be able to present an effective case on your behalf.

At this stage your lawyer will likely negotiate an agreement. However, it's not always feasible. If a settlement isn't reached, the case will be taken to trial. This could be a bench trial front of a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Often the insurers will have to pay for the cost of the lawyer, investigator, and other experts. Most parties want to settle claims as swiftly and efficiently as they can. Settlement will make a claim void for both parties and save both time and money. This is one of the reasons why personal injury lawyers generally are on a contingent basis and don't get paid until they are able to settle your case. Plaintiffs be looking to move on from the incident and its aftermath.

Statute of Limitations

The statute of limitations is the time frame for filing an action. Failing to file a lawsuit within an appropriate time frame can bar your claim, meaning you will not be able to recover compensation for your injuries. An experienced lawyer can establish the precise time limits for your particular case.

In car accident cases for instance, the law obliges you to file your claim within three years of the date of the incident. However, there are many exceptions that may affect the time limit for filing a claim. For instance, the deadline could be extended (stopped) in certain situations such as when you are minor or if the accident involves a government agency.

In some cases, there may be a provision allowing the statute of limitations in cases where the victim's mental state at the time of the accident is uncertain. In addition the statute of limitations can be tolled during the discovery process in the event that your attorney demands information from the defendant and their lawyers through written questions, also known as interrogatories or through a formal testimonies known as 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 accidents require investigation, which can take time. Physical evidence may also become less reliable with time.

Defenses

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

Comparative negligence is a popular factual defense. It is a legal argument which claims that the injured person who is filing the claim should be held responsible for the damage and injuries they've suffered. The validity of this argument is contingent on the laws of the state. The majority of states have some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation. The argument is that the injured party was at risk of injury through taking part in an activity, like working out at a gym or playing sports. This is a legitimate defense, however, highly experienced attorneys know how to overcome this argument.

Another defense that may be used is that the person who was injured did not take the necessary steps to reduce their losses. For example If a person filing a loss of earnings claim as part of their total damages, the defendant could argue that the injured party should have taken steps to find a job regardless of the fact that it would not have made them whole.