Motor Vehicle Accident Lawsuit

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

The process of filing suit starts with your lawyer submitting an email to the defendant. The defendant then has the chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and any other personal injury resulted from the negligence of a third party. In the majority of states the tort liability system is used. This means that the person who caused the accident is liable to compensate the victim for their losses. Twelve states have no-fault insurance which obliges car owners to have insurance to pay for any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to identify any at-fault parties and possible causes of the action. This process is known as discovery. It involves exchanging documents with your adversary and requesting information. Be aware that your adversary is seeking to settle this case for as little money as is possible. It may take some time before you get an offer of a fair settlement.

The amount of damages you receive for an injury lawsuit in a car depends on the extent of the injury and the extent to the extent that your property has been damaged. The lawyer you hire can help calculate the value your claim by adding in your medical expenses as well as any projected or future expenses.

It is not always easy to judge the value of a motor vehicle accident lawyer vehicle crash claim, but your lawyer will be diligent in constructing an argument that is strong and supports your claim for maximum compensation. Your lawyer will negotiate with insurance companies to reach an equitable settlement that meets your current and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company. This could include documents such as accident reports, medical records, and witness statements.

You will also give your version of what happened. We will be patient with you if the trauma of an accident impedes your ability to recall information. Our aim is to assist you recall as much as is possible so that we can build a strong argument for your claim.

At this point your lawyer will likely reach a settlement. However, it is not always possible. If you can't reach an agreement, your case will be heard. It could be the trial of a judge, jury or Motor Vehicle Accident Lawsuit both depending on your jurisdiction.

The cost of a lawsuit could be very high. Insurance companies are often required to pay for costs of an attorney investigator, or any other expert. Most parties want to settle claims as swiftly and efficiently as possible. A settlement will save both parties time and money and close the claim. Personal injury lawyers are typically paid on a contingency basis and will not get paid until your case is completed. Plaintiffs also want to move past the accident and the aftermath.

Statute of Limitations

In every lawsuit there is a deadline or period to file the case known as the statute of limitations. If you don't file your lawsuit within the stipulated timeframe your claim will be deemed barred. This means that you aren't able to seek compensation for the injuries you sustained. A seasoned attorney will be able to determine the time limits applicable to your case.

For example in car accident cases the law requires that you file your claim within three years from the date of the crash. There are a few exceptions to the statute of limitations. The deadline may be extended in certain circumstances like if you are an under-age person and the incident involves an agency of the government.

There may also be a statute-of-limitations tolling option in certain instances in the event of doubt regarding the mental health of the victim at the moment of the incident. In addition, the statute of limitations may be extended during the process of discovery when your attorney requests information from the defendant and his or her lawyers through written questions, also known as interrogatories, or in formal testimonies, also known as depositions.

A personal injury lawyer will help ensure that your case is handled in a timely manner and you are in a position to obtain the evidence you require to have a strong defense. Many accidents require an investigation, which takes time. Physical evidence may also become less reliable with time.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some of these legal defenses could be based upon procedural issues like a failure to meet the statute of limitations, whereas others might be based on the merits of a specific case.

Comparative negligence is an important factual defense. This is a legal argument that claims that the injured party who is filing the claim should be held accountable for the damages and injuries they've suffered. The validity of this argument will be contingent on the laws of the state. The majority of states have adopted a type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to compensation. This is the theory that the person who was injured assumed the risk of injury by participating in some activity, for example, training at a gym or playing an athletic game. This is a legitimate argument, but skilled attorneys know the best way to overcome it.

Another common defense is that the victim did not take the necessary steps to reduce their losses. If a person claims losses in earnings as a component of damages, the defendant may argue that the injured party should have taken steps towards finding work, even if this did not make the claimant whole.