Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial losses can be beyond their insurance's no-fault coverage. A motor vehicle lawsuit may be the best option in this situation.

The process of filing suit begins with your lawyer sending an email to the defendant. The defendant has the right to respond to your 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. In the majority of states, the tort liability system is employed. This means that the party who caused the accident has to compensate the victim for their losses. Twelve states also follow no-fault laws for insurance, which require car owners to carry their own insurance to cover injuries they cause to other people.

Your attorney will conduct an investigation prior to filing a lawsuit in order to identify any at-fault parties and possible causes of the action. This is known as discovery and involves transferring documents and seeking information from your adversaries. Be aware that your adversary is attempting to settle this case for as little as is possible. It could take some time before you receive an offer of an acceptable settlement.

The amount of compensation you receive from a car accident lawsuit depends on the severity of the injuries and the extent to which your property has been damaged. Your lawyer can assist you determine the value of your claim by adding your medical expenses and any future or projected expenses.

It is not always easy to assess the value of a motor vehicle crash claim, but your lawyer will be diligent in constructing a strong case that supports your claim for the most compensation. Your lawyer will discuss with insurance companies to achieve a fair resolution that meets your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin exchanging details with your adversary's insurance company. This could include documents such as accident reports, medical records and witness statements.

Also, you will provide your version of what happened. We will be patient with you if the stress of an accident affects your ability to remember details. Our aim is to help you recall as much information as is possible so that we can present an argument on your behalf.

Your lawyer could come to a settlement by this point, but it is not always feasible. If an agreement is not reached, your case will be taken to trial. It could be an in-person trial before jurors, judges or both depending on the jurisdiction you are in.

The cost of a lawsuit could be expensive. Insurance companies are often required to pay the expenses of an attorney, investigator, or other experts. For this reason, most parties would like to settle their claims as fast as possible. A settlement will save both parties time and money as well as make the claim more streamlined. Personal injury lawyers typically are paid on a contingency basis and will not be paid until the case is settled. Similarly, plaintiffs will want to move on from the accident and its consequences.

Statute of limitations

In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitation. If you don't submit your lawsuit within the prescribed timeframe the claim will be denied. This means that you won't be able to recover compensation for your injuries. An experienced lawyer can establish the time frame for your particular case.

For example, in car accident cases the law requires you submit your claim within three years of the date of your crash. However, there are numerous circumstances that can alter the time limit for filing a claim. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you're an under-age person or if the incident involves an agency of the government.

In some instances there could be a provision tolling the statute of limitations if the victim's state of mind at the time of an accident is unclear. The statute of limitations could be tolled if your attorney demands from lawyers for the defendant as well as the defendant for information through written questions known as interrogatories or formal depositions.

A personal injury lawyer will help ensure that your case is filed promptly and you are competent to gather the evidence that you need to be able to defend yourself effectively. Many accidents require an investigation, which takes time. Evidence can also change over time.

Defenses

There are many defenses that can be raised in any motor vehicle accident lawsuit. These include both legal and factual arguments. Some of these defenses to law could be based upon procedural issues like the inability to meet the statute of limitations, whereas others might be based on the merits of a particular case.

Comparative negligence is a popular factual defense. This is a legal defense that claims that the person who files the claim should be held partially responsible for the damages or injuries they have sustained. The validity of this argument will depend on the state law. 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 fair settlement. This is the argument that the injured party took on the risk of injury when they participated in an activity, motor vehicle accident lawsuit such as working out at a gym, or playing a sport. This is a legitimate argument, but experienced attorneys know the best way to defeat it.

Another common defense is that the person who suffered injury failed to minimize their losses. For example in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant can claim that the victim should have taken the necessary steps to find work, even if it would not have compensated them fully.