motor vehicle accident lawsuit (
more information)
In many cases, a person's medical expenses and other economic damages will be more than their no-fault insurance coverage. This is where a motor vehicle lawsuit could come into play.
The process of filing a lawsuit starts by sending your attorney to the defendant a notice. The defendant then has a chance to respond to the complaint.
Damages
In a
motor vehicle accident attorney vehicle accident lawsuit, damages are awarded to compensate for the financial, physical, and any other personal injury caused by the negligence of another 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 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 first phase of the legal process, your attorney will conduct a pre-suit inquiry to identify potential liable parties and the possible reasons for action. This process is known as discovery. It involves exchanging documents with your adversary and seeking details. Remember that your opponent is seeking to settle this matter for as little as is possible. It may take some time before you get an offer of a fair settlement.
The amount of damage you receive for an auto accident lawsuit is contingent on the extent of the injury and the extent to the extent your property was damaged. The lawyer you hire can help calculate the value your claim by adding your medical expenses and any projected or future expenses.
It is not easy to assess the value of a car accident claim. However, your lawyer will do their best to defend your claim and obtain the maximum amount of money. Your lawyer will engage with insurance companies in order to negotiate a fair settlement that addresses your current and future financial needs.
Liability
During the initial discovery phase of your case, your attorney will begin to share information with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.
You will also be asked to tell your own version of what happened. We will be patient with you in the event that the trauma of an accident affects your ability to remember details. Our goal is to help recall as much information as possible so that we can make a strong case on your behalf.
At this stage your lawyer will likely negotiate a settlement. However, it is not always feasible. If no agreement is reached, the case will be brought to trial. This could be a bench trial front of a judge or jury, based on the jurisdiction.
The cost of a lawsuit could be substantial. Insurance companies are typically required to cover the costs of an attorney, investigator, or other experts. Because of this, many parties would like to settle their claims as swiftly as possible. Settlement will make a claim void for both sides and save everyone time and money. This is one of the reasons that personal injury lawyers usually operate on a contingency 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 frame for filing an action. If you don't submit your lawsuit within the prescribed time period, your claim will be denied. This means you aren't able to seek compensation for the injuries you sustained. An experienced attorney can help you determine the time frame for your case.
For example in the case of car accidents the law requires that you file your claim within three years of the date of the crash. There are some exceptions to the statute of limitations. The deadline may be extended in certain situations for instance, if you are an under-age person and the incident involves an agency of the government.
There could also be a statute of limitations tolling clause in certain circumstances where there is doubt as to the mental state of the victim at the time of the accident. In addition, the statute of limitations could be tolled during the discovery process in the event that your attorney demands information from the defendant and their lawyers in written questions called interrogatories or through a formal testimonies known as depositions.
A personal injury lawyer can ensure that your legal case is filed in time and that you have the evidence you require to mount a a strong defense. Many accidents require investigation that can take a long time. In addition, physical evidence may degrade over time.
Defenses
There are a range of defenses that could be argued in any motor vehicle accident lawsuit. These include both factual and legal arguments. Some legal defenses are based on procedural concerns that include failure to comply with the statute of limitations. Others may be solely based on merits.
Comparative negligence is a crucial factual defense. This is a legal argument that claims that the person who filed the claim should be held partially responsible for the harm or injuries they have sustained. Whether or not this is a valid argument will be contingent on state law. 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 argument states that the injured party assumed the risk of injury when taking part in an activity, such as working out at a gym or playing sports. This is a legitimate argument, but experienced attorneys know the best way to defeat it.
Another common defense is that the injured person did not take the necessary steps to reduce their losses. For example, if a person is filing a loss of earnings claim as part of their total damages, the defendant could claim that the injured party should have taken the necessary steps to find work regardless of the fact that it would not have compensated them fully.