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Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial expenses will exceed the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit could be involved.

The process of filing suit begins with your lawyer sending a complaint to the defendant. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate the physical, financial and any other personal injury resulted from the negligence of a third party. Most states operate under the tort liability system, which means that the party who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault law, 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 to identify potential responsible parties and possible causes of action. This is referred to as discovery and it involves exchanging documents and requesting information from your adversaries. It is crucial to remember that your adversary is trying to resolve this case with the least amount of money, and it could take some time before you receive an acceptable settlement offer.

The amount of damages that you receive from an auto accident lawsuit is contingent on the severity of the injuries and the extent to which your property has been damaged. Your lawyer can help determine the value of the claim by adding up your medical expenses as well as any projected or future expenses.

It's not always easy to determine the worth of a motor vehicle accident claim, but your lawyer will work diligently to build an argument that is strong and supports your claim for maximum compensation. Your lawyer will discuss with insurance companies to achieve a fair resolution that addresses your current 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 could include documents such as accident reports, medical records, witness statements, and expert opinions.

You will be asked to provide your account of the incident. We will be patient with you if the stress of an accident hinders your ability to remember details. Our aim is to assist you remember as much as you can, so we can build a strong argument for your claim.

Your lawyer is likely to negotiate a settlement at this stage, but it's not always possible. If no agreement is reached, the case will be brought to trial. It could be an in-person trial before a judge, jury or both depending on the jurisdiction you are in.

The cost of a lawsuit could be very high. Insurance companies are usually required to pay for the costs of an attorney, investigator, or other experts. Because of this, many parties are looking to settle their claims as fast as they can. A settlement can save both parties time and money as well as conclude the case. This is one of the reasons that personal injury lawyers usually are on a contingent basis and are not paid until they are able to settle your case. Similarly, plaintiffs will be looking to move on from the accident and its repercussions.

Statute of limitations

The statute of limitations is the deadline for filing an action. If you don't submit your lawsuit within the prescribed time period, your claim will be barred. This means you aren't able to seek compensation the damages you suffered. An experienced lawyer will be able determine the deadlines that apply to your case.

In the case of car accidents, for example, the law requires you to file your claim within three years of the date of the incident. There are a few exceptions to the statute of limitations. For instance, the deadline could be extended (stopped) under certain circumstances like when you're minor or if the incident involves an agency of the government.

There may also be a statute of limitation tolling clause in certain circumstances when there is doubt over the condition of the victim's mind at the time of the accident. Additionally, the statute of limitations could be extended during the process of discovery when your attorney seeks information from the defendant and his or her lawyers through written questions referred to as interrogatories or via formal testimonies called depositions.

A personal injury lawyer will help ensure that your case is filed promptly and you are capable of obtaining the evidence that you need for a successful defense. Many wrecks require an investigation, which takes time. Evidence can also change as time passes.

Defenses

There are a variety 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 failure to meet the statute of limitations, while others could be based on the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal defense that argues that the injured person submitting the claim should be held responsible for the damages and injuries they have suffered. Whether or not this is a valid argument will depend on the state's law. Most states have adopted some type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a fair settlement. The argument is that the injured party was at risk of injury through participating in an activity such as exercising at a gym or playing sports. This is a legitimate argument, but highly experienced attorneys know the best way to resolve it.

Another defense that is often used is that the person who was injured failed to mitigate their damages. If someone claims the loss of earnings as part of the overall damages, the defendant may argue that the injured party should have taken the necessary steps to finding work, even if this would not have made the claimant whole.