Motor Vehicle Accident Lawsuit
In many instances, the medical expenses and other economic expenses of a person could surpass their no-fault insurance. A motor vehicle lawsuit might be the best option in this scenario.
The process of filing suit begins with your lawyer sending a complaint to the defendant. The defendant then has the opportunity to respond to the complaint.
Damages
In a
motor vehicle accident lawyer vehicle accident lawsuit damages are awarded for physical, financial and other personal damage caused by another party's negligent actions. In the majority of states the tort liability system is used. This means that the party responsible for the accident is required to pay the victim for their losses. Twelve states also follow no-fault insurance laws that require car owners to carry their own insurance to cover any injuries they cause to other people.
Your lawyer will conduct an investigation prior to filing a lawsuit to identify any accountable parties and
Motor vehicle accident potential causes of action. This is called discovery and involves exchanging documents with your adversary and requesting details. Remember 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 an acceptable settlement.
The amount of damages you receive in a lawsuit for car accidents will depend on the seriousness of your injuries and the extent of the damage to your property. Your lawyer will be able to help you calculate the value of your claim by adding up your medical expenses, including any future or projected costs, and assessing the extent of your property damage.
It can be difficult to determine the value of a car accident claim. But, your attorney will do everything to help your claim and secure the maximum amount of compensation. Your lawyer will work with insurance companies to negotiate a fair settlement that meets your current and future financial needs.
Liability
In the initial discovery phase of your case, your lawyer will begin sharing information with the insurance company of your adversary. This will include documents like accident reports, medical records and witness statements.
You will be asked to share your account of the events. The stress of an accident can affect your ability to recall details, but we will be patient and kind. Our goal is to assist you remember as much as you can so we can build a strong case for your injuries.
At this point, your lawyer will most likely come to a settlement. However, it is not always feasible. If no agreement is reached, the case will be brought to trial. It could be a trial before the jury, a judge or both depending on the jurisdiction in which you reside.
The cost of a lawsuit could be very high. Insurance companies are usually required to cover the costs of an attorney, investigator, or any other expert. For this reason, most parties are looking to resolve their claims as quickly as possible. Settlement will finish a claim on both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency basis and are not paid until your case is completed. Plaintiffs also want to move on from the accident and the aftermath.
Statute of limitations
The statute of limitations is the deadline for filing an action. Failure to submit a lawsuit within the appropriate timeframe can halt your claim, meaning you will not be able to recover compensation the damages you suffered. An experienced attorney can determine the specific time limits for your case.
In the case of car accidents, for example the law requires you to file your claim within 3 years of the date of the accident. However, there are numerous exceptions that may affect your statute of limitations. For instance, the deadline may be extended (stopped) in certain situations such as when you are minor or the incident involves the services of a government agency.
There may also be a statute-of-limitations tolling clause in certain circumstances when there is doubt about the condition of the victim's mind at the moment of the accident. In addition the statute of limitations could be extended during the discovery process in the event that your attorney demands information from the defendant and his or her lawyers through written questions known as interrogatories, or in formal testimonies, also known as depositions.
A personal injury lawyer can assist you in ensuring your case is handled in a timely manner and that you are in a position to obtain the evidence that you need to have a strong defense. Many wrecks require an investigation, which takes time. In addition, physical evidence may degrade as time passes.
Defenses
There are a variety of defenses that can be argued in any motor vehicle accident lawsuit. These comprise both factual and legal arguments. Some legal defenses are based on procedural concerns, such as inability to satisfy the statute of limitations. Others could be based solely on the merits.
Comparative negligence is a popular factual defense. This is a legal defense which asserts that the injured person who filed the claim should be held partly accountable for the damage or injuries they have sustained. The validity of this argument an acceptable argument will depend on the state's 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 compensation. This is the claim that the injured party took on the risk of injury when they took part in an activity, like working out at a gym, or playing in a sport. This is a legitimate argument, but experienced attorneys know the best way to defeat it.
Another defense that is often used is that the person who was injured failed to mitigate their damages. For instance If a person making a loss of earnings claim as part of their overall damages, the defendant might claim that the injured party should have taken steps to find work even if it would not have been enough to make them whole.