motor vehicle accident law firms Vehicle Accident Lawsuit
In many cases, medical costs and other losses of a person will surpass their no-fault insurance. A motor vehicle lawsuit may be the best option in this situation.
The process of filing a lawsuit starts with your attorney submitting to the defendant a complaint. The defendant then has a chance to respond to the complaint.
Damages
In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical, and other personal injuries caused by the negligent acts of a third party. The majority of states have a tort liability system, which means that the party responsible for the accident must pay compensation to the victim for their losses. Twelve states also have no-fault laws for insurance, which oblige car owners to carry their own insurance in order to cover the injuries they cause to others.
In the beginning of the legal process your attorney will conduct a pre-suit probe to identify any potential defendants and the possible reasons for action. This is called discovery and involves exchanging documents with your adversary and seeking information. Remember that your adversary will try to settle the case for as little money as they can. It may take some time before you get an offer of an acceptable settlement.
The amount of damages you'll receive in a lawsuit arising from a car accident will depend on the extent of your injury and the extent of your property damage. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, which includes any future or anticipated expenses, and assessing the amount of damage to your property.
It's not always straightforward to assess the value of a motor vehicle crash claim, but your attorney will be diligent in constructing an argument that can support your claim to the maximum amount of compensation. Your lawyer will engage with insurance companies in order to reach a fair settlement that meets your current and future financial requirements.
Liability
During the initial discovery stage of your case your attorney will start exchanging information with the insurance company of your adversary. This includes documents such as accident reports, medical records, and witness statements.
You will also be asked to tell your account of the events. The trauma of an accident may interfere with your ability to remember details, but we will be patient and kind. Our aim is to help you recall as much information as we can to be able to present a strong case on your behalf.
At this stage your lawyer will most likely reach an agreement. However, it is not always feasible. If no agreement is reached, the case will go to trial. This could be a bench trial front of a judge or jury, depending on the jurisdiction.
The cost of a lawsuit may be high. Often, the insurers will have to pay for the cost of the lawyer and investigator as well as other experts. In this way, the majority of parties are looking to settle their claims as quickly as they can. A settlement can save both parties time and money and make the claim more streamlined. This is one of the reasons why personal injury lawyers generally work on a contingency basis and don't get paid until they settle your case. Plaintiffs also want to move on from the incident and the aftermath.
Statute of limitations
In every lawsuit there is a deadline or limitation to file the lawsuit called the statute of limitations. If you don't submit your lawsuit within the stipulated time frame, your claim will be barred. This means you will not be able to claim compensation for the injuries you sustained. An experienced lawyer will be able to identify the time limitations applicable to your case.
For instance in car accident cases the law requires you file your claim within three years of the date of the crash. There are a few exceptions to the statute of limitations. For instance, the deadline may be tolled (stopped) under certain circumstances like when you're minor or if the incident involves the services of a government agency.
There could also be a statute-of-limitations tolling option in certain instances when there is doubt over the condition of the victim's mind at the time of the incident. The statute of limitations could also be tolled when your attorney asks the defendant's lawyer and the defendant to provide information through written questions known as interrogatories or formal depositions.
A personal injury lawyer can ensure that your legal claim is filed in time and that you have the evidence you require for a strong defense. Many wrecks require an investigation, which can take time. Evidence can also change with time.
Defenses
There are many defenses that could be argued in any
motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural issues, such as failure to comply with the statute of limitations. Other defenses may be based solely on the merits.
Comparative negligence is a crucial factual defense. This is a legal defense that claims that the injured person who filed the claim should be held partly responsible for the damages and injuries they've suffered. If this is an appropriate argument will depend on the laws of the state. The majority of states have some form of comparative negligent law.
The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. This is the argument that the injured party accepted the risk of injury when they took part in some activity,
motor vehicle accident lawsuit for example, exercising at a gym or playing sports. This is a valid argument, but highly experienced lawyers know the best method to resolve it.
Another common defense that can be used is that the party who was injured did not take the necessary steps to reduce their losses. For instance, if a person is filing a loss of earnings claim as part of their overall damages, the defendant may claim that the victim should have taken the necessary steps to find work, even if it would not have compensated them fully.