Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial damages will be more than their insurance coverage that is no fault. This is where a motor vehicle accident law firm vehicle lawsuit could be a factor.

The process of filing suit starts with your lawyer submitting 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 compensate for the physical, financial and any other personal injury caused by the negligent acts of another party. Most states operate under the tort liability system which means that the party responsible for the incident must pay compensation to the victim for their losses. Twelve states also follow no-fault insurance laws that oblige car owners to carry their own insurance to cover any injuries they cause to others.

In the beginning of the legal process, your lawyer will conduct a presuit investigation to identify potential liable parties and possible causes of action. This is known as discovery and involves exchanging documents and requesting information from your adversary. It is crucial to keep in mind that your adversary is trying to settle this case for the least amount of money, and it may be a while before you receive an acceptable settlement offer.

The amount of damages that you are awarded in an auto accident lawsuit is contingent on the severity of the injury as well as the extent to which your property has been damaged. The lawyer you hire can help determine the value of your claim by adding your medical expenses as well as any projected or future expenses.

It's not always simple 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 the highest amount of compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement which addresses your current and future financial needs.

Liability

During the first discovery phase of your case, your attorney will begin sharing information with the insurance company of your adversary. This will include documents like accident reports, medical records, witness statements, as well as expert opinions.

You will be asked to share your own version of what happened. The stress of an accident can interfere with your ability to recall details, but we will be patient and compassionate. Our goal is to assist you remember as much as you can, so we can present a strong case for your damages.

Your lawyer will likely come to a settlement by this stage, but it's not always feasible. If you can't reach an agreement, your case will be heard. This could be a bench trial in before a judge or jury, depending on the jurisdiction.

A lawsuit can be expensive. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. The majority of parties want to settle claims as quickly and efficiently as possible. Settlements will save both parties time and money as well as conclude the case. This is one of the main reasons why personal injury lawyers generally are on a contingent basis and are not paid until they resolve your case. Equally, plaintiffs want to move on from the incident and its consequences.

Statute of limitations

In every lawsuit there is a deadline or limit for filing the case known as the statute of limitation. If you fail to submit your lawsuit within the specified time period the claim will be barred. This means you can't recover for your injuries. A seasoned attorney will be able determine the time limitations that apply to your case.

For example, in car accident cases, the law requires that you submit your claim within three years of the date of your crash. There are some exceptions to the statute of limitations. The deadline can be extended in certain circumstances like when you are a minor and the accident involves an agency of the government.

There could also be a statute-of-limitations tolling option in certain instances when there is doubt over the victim's mental state at the time of the accident. The statute of limitations may be tolled if your attorney requests the lawyer of the defendant and the defendant for details through written questions known as interrogatories or formal depositions.

A personal injury attorney can help you ensure that your case is handled in a timely manner and that you are capable of obtaining the evidence you require to have a strong defense. Many accidents require an investigation, which takes time. Physical evidence can also deteriorate over time.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some of these legal defenses may be based on procedural matters such as failure to comply with the deadline for filing, while others could be based on the merits of a specific case.

The concept of comparative negligence is a common factual defense. It is a legal argument which asserts that the injured person who filed the claim should be held partly accountable for the harm or injuries they've sustained. If this is a valid argument will depend on the laws of the state. Many states have a type of comparative negligent law.

The defense of assumption is also used by defendants to deny plaintiffs the right to compensation. This is the claim that the injured party took on the risk of injury if they participated in an activity, such as exercising in a gym or playing an athletic game. This is a valid defense, however, experienced lawyers are adept at overcoming this argument.

Another common defense is that the person who suffered injury failed to mitigate their damages. For instance, if a person is making a loss-of-income claim as part of their total damages, the defendant can claim that the victim should have taken the necessary steps to find a job even if it could not have paid for their entire loss.