motor vehicle accident law firms Vehicle Accident Lawsuit
In a lot of cases, the medical expenses and other economic loss of an individual will surpass their no-fault insurance. This is where a motor vehicle lawsuit could play a role.
The procedure of filing a lawsuit starts with your attorney submitting the defendant a complaint. The defendant has the option to respond to your complaint.
Damages
In a motor vehicle accident lawsuit damages are awarded to compensate for the financial, physical, and any other personal injury resulted from the negligence of a third party. Most states follow the tort liability system which means that the party who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no fault insurance, which obliges car owners to have insurance to pay for 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 potential legal remedies. This is known as discovery, and involves transferring documents and requesting information from your adversary. It is crucial to remember that your adversary is trying to resolve this dispute for the smallest amount possible, therefore it may be a while before you receive a fair settlement offer.
The amount of compensation you receive for an auto accident lawsuit is contingent on the severity of the injury and the extent to the extent your property was damaged. Your lawyer can assist you determine the value of your claim by adding your medical expenses as well as any future or projected costs.
It is not easy to assess the value of a car accident claim. But, your attorney will work hard to support your claim and obtain maximum compensation. Your lawyer will engage with insurance companies in order to achieve a fair resolution which addresses your current and future financial requirements.
Liability
During the initial discovery phase of your case, your attorney will begin sharing information with the insurance company of your adversary. This could include documents like accident reports and medical records, testimony statements, and expert opinions.
You will also provide your version of what transpired. The trauma of an accident may impair your ability recall details, however we will be patient and kind. Our goal is to assist you in to recall as much information as you can in order to make an argument on your behalf.
At this point your lawyer will likely reach an agreement. However, it is not always possible. If you can't reach a settlement, your case will be decided. It could be the trial of jurors, judges or both, depending on the jurisdiction in which you reside.
The cost of a lawsuit may be expensive. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. The majority of parties want to settle claims as fast and efficiently as they can. A settlement can finish a claim on both parties and save both time and money. This is the reason that personal injury lawyers usually are on a contingent basis and are not paid until they have resolved your case. Plaintiffs will also want to move on from the incident and its aftermath.
Statute of Limitations
In every lawsuit, there is a time limit for filing the case known as the statute of limitation. Failure to file a lawsuit within an period of time allowed can invalidate your claim, which means you are not able to claim compensation for your injuries. An experienced lawyer can establish the precise time limits for your case.
In cases involving car accidents for instance, the law requires you to file your claim within three years of the date of the incident. However, there are numerous exceptions that may affect the statute of limitations. The deadline may be extended in certain circumstances like if you are an under-age person and the incident involves an agency of the government.
There may also be a statute of limitation tolling provision in some cases when there is doubt about the mental state of the victim at the moment of the incident. The statute of limitation could be tolled if your attorney contacts the lawyer of the defendant and the defendant for details through written questions known as interrogatories or formal depositions.
A personal injury lawyer can help ensure that your legal case is filed on time and that you have the evidence required for a strong defense. Many wrecks require an investigation, which can take time. Additionally, evidence that is physical is susceptible to deterioration over time.
Defenses
There are many defenses that could be argued in any
motor vehicle accident lawsuit. They comprise both factual and legal arguments. Some legal defenses are based on procedural considerations that include failure to comply with the statute of limitations. Others may be based solely on the merits.
Comparative negligence is a typical factual defense. It is a legal argument that claims that the person who filed the claim should be held partially responsible for the damage or injuries they have sustained. The validity of this argument is contingent on the state's law. Many states have a type of comparative negligence law.
Defendants also often use the defense of assumption of risk to attempt to strip plaintiffs of their right to compensation. This argument states that the injured party accepted the risk of injury if they participated in an activity, like working out at a gym, or playing sports. This is a legitimate argument, but skilled lawyers know the best way to counter it.
Another common defense that could be used is that the victim failed to mitigate their losses. For example when a person is filing a loss of earnings claim as part of their total damages, the defendant could claim that the victim should have taken the necessary steps to find work regardless of the fact that it would not have made them whole.