Motor Vehicle Accident Lawsuit
In many cases, the medical costs and other expenses of a person could exceed their no-fault coverage. This is where a motor vehicle lawsuit might be involved.
The procedure of filing suit begins with your lawyer sending a complaint to the defendant. The defendant is given the chance to respond to your complaint.
Damages
In a
motor vehicle accident lawsuit damages are awarded to cover the physical, financial and any other personal injury resulted from the negligence of a third party. In most states the tort liability system is in use. This means that the party who caused the accident has to compensate the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to cover any injuries they cause.
In the initial stage of the legal process, your lawyer will conduct a pre-suit investigation to determine liable parties and possible legal remedies. This is called discovery, and it involves exchanging documents and requesting information from your adversaries. It is important to remember that your adversary is trying to settle this matter for the lowest amount possible, therefore it may be a while before you receive a fair settlement offer.
The amount of compensation 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. Your lawyer can help you calculate the value your claim by adding in your medical expenses and any future or anticipated expenses.
It's not always easy to judge the value of a motor vehicle crash claim, but your attorney will diligently build an argument that can support your claim for the most compensation. Your lawyer will negotiate with insurance companies to reach an acceptable settlement that will address your financial and future needs.
Liability
During the initial discovery phase of your case, your attorney will begin exchanging information with your adversary's insurance company. This could include documents such as accident reports, medical records and witness statements.
You will also give your version of what transpired. The trauma of an accident can affect your ability to recall details, but we will be patient and kind. Our goal is to help to recall as much information as we can so that we can make an effective case on your behalf.
Your lawyer could reach a settlement at this stage, but it's not always possible. If no agreement is reached, your case will be taken to trial. It could be an appeal before a judge, jury or both depending on your jurisdiction.
A lawsuit can be expensive. Insurance companies are often required to pay for the costs of an attorney investigator, or other experts. Most parties want to settle claims as swiftly and efficiently as is possible. A settlement will make a claim void for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally are on a contingent basis and do not get paid until they settle your case. Plaintiffs will also want to move on from the accident and the aftermath.
Statute of Limitations
The statute of limitations is the time limit for filing a lawsuit. Failing to file a lawsuit within an appropriate time frame can bar your claim, which means you are not able to claim compensation the damages you suffered. A seasoned attorney will be able to determine the timeframes for your particular case.
For example, in car accident cases the law requires you file your claim within three years from the date of the crash. However, there are several exceptions that may affect the statute of limitations. For example, the deadline can be extended (stopped) under certain circumstances like when you're an under-age person or if the incident involves the services of a government agency.
There may also be a statute of limitation tolling clause in certain circumstances when there is doubt over the mental state of the victim at the moment of the accident. Additionally, the statute of limitations could be tolled during the discovery process in the event that your attorney demands information from the defendant and his or her lawyers through written questions referred to as interrogatories or by way of formal testimonies called depositions.
A personal injury lawyer can assist you in ensuring your case is filed in a timely manner and you are able to access the evidence that you need for an effective defense. Many accidents require an investigation, which may take time. Physical evidence may also become less reliable over time.
Defenses
There are a myriad of defenses that could be argued in any
motor vehicle accident attorney vehicle accident lawsuit. They comprise both factual and legal arguments. Some legal defenses are based on procedural concerns like not meeting the statute of limitations. Others may be based solely on the merits.
Comparative negligence is a popular factual defense. This is a legal defense that argues that the injured person submitting the claim should be held partially accountable for the injuries and damages they've suffered. Whether or not this is an appropriate argument will depend on the laws of the state. Most states have a form of comparative negligent law.
The defense of assumption is also used by defendants to deny plaintiffs their right to compensation. This argument states that the person who was injured assumed risk of injury by engaging in an activity like exercising at a gym or playing sports. This is a valid defense, but experienced attorneys are able to circumvent this argument.
Another common defense is that the person who was injured was not able to limit their damages. For example, if a person is making a loss of earnings claim as part of their total damages, the defendant may argue that the person who was injured should have taken the necessary steps to find work regardless of the fact that it would not have been enough to make them whole.