Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other financial losses a person suffers will surpass their no-fault insurance. This is where the possibility of a motor vehicle suit could come into play.

The process of filing a lawsuit begins with your attorney submitting to the defendant a complaint. The defendant has the option to respond to your complaint.

Damages

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

Your attorney will conduct an investigation prior to filing a lawsuit to identify possible accountable parties and potential causes of action. This is referred to as discovery and it involves exchanging papers and requesting information from your adversaries. Remember that your adversary is trying to settle this case with as little as possible. It could take some time before you receive an offer of an acceptable settlement.

The amount of damages that you will receive in a car accident lawsuit depends on the severity of the injuries and the extent to the extent your property was damaged. Your lawyer can help you calculate the value your claim by adding in your medical expenses and any projected or future costs.

It isn't always easy to determine the value of a car accident claim. However, your lawyer will work hard to support your claim and secure the maximum amount of compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement that will address your present and future financial needs.

Liability

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

You will also share your account of what happened. We will be patient with you in the event that the trauma of an accident interferes with your ability to remember details. Our goal is to help recall as much information as we can so that we can present a strong case on your behalf.

Your lawyer will likely seek a settlement at this stage, motor vehicle accident lawsuit but it's not always possible. If no agreement can be reached, the case will go to trial. This could be a bench trial the presence of a judge or jury, based on the jurisdiction.

A lawsuit can be expensive. Insurance companies are typically required to cover the costs of an attorney investigator, or other experts. For this reason, most parties wish to settle their claims as quickly 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 why personal injury lawyers typically operate on a contingency fee and do not get paid until they are able to settle your case. Plaintiffs also want to get past the accident and the aftermath.

Statute of limitations

In every lawsuit there is a specific time limit for filing the case known as the statute of limitation. Failure to file a lawsuit within the proper time frame could halt your claim, which means you won't be able to seek compensation the damages you suffered. A knowledgeable attorney can determine the specific time limits for your case.

For instance when it comes to car accidents the law requires you file your claim within three years of the date of your accident. There are a few exceptions to the statute of limitations. For instance, the deadline could be extended (stopped) in certain circumstances such as when you are an under-age person or if the incident involves the services of a government agency.

In some cases, there may be a provision that will tollerate the statute of limitations if the condition of the victim at the time of an accident is uncertain. Additionally the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and their lawyers through written questions, also known as interrogatories or by way of formal testimonies called depositions.

A personal injury lawyer can help you ensure that your case is handled in a timely manner and that you're capable of obtaining the evidence that you need to be able to defend yourself effectively. Many wrecks need an investigation which can take time. Evidence can also change as time passes.

Defenses

There are a myriad of defenses available in any motor vehicle accident law firm vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural concerns for example, failure to meet the statue of limitations. Others may be based solely on the merits.

Comparative negligence is a typical factual defense. This is a legal claim which claims that the injured person who filed the claim should be held responsible for the damages or injuries they've suffered. The validity of this argument an appropriate argument will depend on the state's law. Many states have a type of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the injured party assumed risk of injury by engaging in an activity such as working out in a gym or participating in sports. This is a legitimate argument, but experienced attorneys know the best way to resolve it.

Another common defense that can be used is that the party who was injured did not adequately compensate for their losses. If someone claims a loss in earnings as part of the overall damages, the defendant can claim that the person who was injured should have taken the necessary steps to finding work, even if this would not have made the claimant whole.