Motor Vehicle Accident Lawsuit
In a lot of cases, the medical costs and other financial loss of an individual will override their no-fault protection. This is where the possibility of a motor vehicle suit could be involved.
The procedure of filing a lawsuit begins with your attorney submitting the defendant a formal complaint. The defendant is given the chance to respond to your complaint.
Damages
In a motor vehicle accident lawsuit damages are awarded to pay for the financial, physical, and other personal injuries caused by the negligent actions of a third party. The majority of states have the tort liability system, which means that the person responsible for the incident must compensate the victim for his or her losses. Twelve states also follow no-fault insurance laws that require car owners to have their own insurance to cover any injuries they cause to other people.
Your attorney will conduct an investigation prior to filing a lawsuit in order to determine responsible parties and possible causes of the action. This process is known as discovery. It involves exchanging documents with your adversary and seeking details. Remember that your adversary will try to settle the case for
motor vehicle accident lawsuit as little as they can. It could take a bit of time before you receive an offer of an acceptable settlement.
The amount of compensation you are awarded in an injury lawsuit in a car depends on the severity of the injuries and the extent to the extent your property was damaged. Your lawyer can assist you in calculating the value of your claim by adding your medical expenses, which includes any future or projected costs, as well as assessing the extent of your property damage.
It can be a challenge to determine the value of a motor accident claim. However, your attorney will be able to prove your claim and obtain the most compensation possible. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that takes into account your present 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 such as accident reports, medical records, witness statements, and expert opinions.
You will also share your version of what happened. We will be patient with you if the trauma of an accident affects your ability to recall specific details. Our goal is to help recall as much information as is possible in order to make an argument on your behalf.
At this moment your lawyer will most likely negotiate an agreement. However, it's not always feasible. If a settlement isn't reached, your case will move 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 high. Often the insurers will have to pay for the cost of the lawyer or investigator as well as other experts. In this way, the majority of parties wish to settle their claims as swiftly as they can. A settlement can save both parties time and money and conclude the case. This is one of the reasons why personal injury lawyers generally are on a contingent basis and don't receive a payment until they settle your case. Plaintiffs also want to move past the incident and its aftermath.
Statute of limitations
In every lawsuit there is a deadline or limit to file the case known as the statute of limitation. If you fail to file your lawsuit within the prescribed timeframe your claim will be deemed barred. This means that you won't be able to recover compensation for the injuries you sustained. An experienced attorney will be able to identify the time limits for your particular case.
In cases involving car accidents, for example the law obliges you to file your claim within 3 years of date of the incident. There are a few exceptions to the statute of limitations. The deadline may be tolled in certain situations like if you are minor and the incident involves an agency of the government.
In some instances there could be a provision tolling the statute of limitations if the state of mind of the victim at the time of an accident is in doubt. The statute of limitations may also be tolled when your attorney contacts the lawyer for the defendant and the defendant for details through written interrogatories, or formal depositions.
A personal injury lawyer can assist you in ensuring your case is filed in a timely manner and that you're competent to gather the evidence you require for a successful defense. Many accidents require an investigation, which can take time. Evidence can also change with time.
Defenses
There are a myriad of defenses available in any
motor vehicle accident lawsuit. These comprise both factual and legal arguments. Some legal defenses are based on procedural issues that include inability to satisfy the statute of limitations. Other defenses may be based solely on the merits.
Comparative negligence is a popular factual defense. It is a legal argument that argues that the injured person submitting the claim should be held partially accountable for the damage and injuries they have suffered. Whether or not this is a valid argument will be contingent on the state's law. Most states have some form of comparative negligence law.
Defendants can also rely on the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This argument states that the victim assumed the risk of injury when participating in an activity like exercising in a gym or participating in sports. This is a legitimate argument, but highly experienced lawyers know the best method to overcome it.
Another common defense that can be used is that the party who was injured failed to mitigate their losses. For example when a person is making 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 been enough to make them whole.