Motor Vehicle Accident Lawsuit
In a lot of cases, the medical costs and other economic expenses of a person could outstrip their no-fault insurance. This is where a motor vehicle lawsuit might be involved.
The process of filing suit starts with your lawyer submitting an official complaint to the defendant. The defendant has the right to respond to your complaint.
Damages
In a
motor vehicle accident law firm vehicle accident lawsuit, damages are awarded to victims for physical and financial injuries caused by another's negligent actions. Most states operate under a tort liability system, which means that the person 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 cover any injuries they cause.
In the first phase of the legal process your lawyer will conduct a presuit investigation to determine liable parties and possible reasons for action. This is called discovery, and involves transferring documents and requesting information from your adversaries. Keep in mind that your adversary will try to settle the case with as little as is possible. It could take a bit of time before you receive an offer of a fair settlement.
The amount of damages that you are awarded in an auto accident lawsuit is contingent on the severity of the injuries and the extent to the extent that your property has been damaged. Your lawyer will assist you in calculating the value of your claim by adding the medical expenses you incur, including any projected or future costs, and assessing the extent of your property damage.
It's not always easy to determine the value of a motor vehicle crash claim, but your attorney will do their best to create an argument that will support your claim for the most compensation. Your lawyer will engage with insurance companies in order to come up with a fair solution that will address your present and future financial needs.
Liability
In the initial discovery phase of your case, your lawyer will begin to exchange information with the insurance company. This could include documents like accident reports and medical records, witness statements, as well as expert opinions.
You will also be asked to tell your own version of what happened. The trauma of an accident can impair your ability remember details, but we will be patient and kind. Our goal is to assist you recall as much as you can so we can present a strong case for your damages.
Your lawyer may seek a settlement at this stage, but it's not always feasible. If a settlement isn't reached, your case will be brought to trial. This could be a bench trial in the presence of a judge or jury, depending on the jurisdiction.
The cost of a lawsuit could be expensive. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. In this way, the majority of parties are looking to settle their claims as swiftly as possible. Settlements will save both parties time and money and make the claim more streamlined. Personal injury lawyers are typically paid on a contingency fee and won't be paid until the case has been resolved. Plaintiffs will also want to move on from the accident and its aftermath.
Statute of Limitations
In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitation. Failing to start a lawsuit within the appropriate timeframe can halt your claim, which means you will not be able to recover compensation the damages you suffered. A seasoned attorney will be able to identify the timeframes applicable to your case.
For instance in the case of car accidents the law requires that you file your claim within three years of the date of your accident. There are a few exceptions to the statute of limitations. For example, the deadline can be extended (stopped) in certain circumstances such as when you are an under-age person or if the incident involves a government agency.
There could also be a statute of limitations tolling option in certain instances when there is doubt about the victim's mental state at the time of the accident. The statute of limitations may also be tolled when your attorney contacts the defendant's lawyer and the defendant for details through written interrogatories, or formal depositions.
A personal injury lawyer can ensure that your legal case is filed in time and that you have the evidence required for a strong defense. Many wrecks need an investigation, which may take time. Physical evidence may also become less reliable over time.
Defenses
There are many defenses that can be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses may be based on procedural issues like a failure to meet the deadline for filing, while others could be based upon the merits of a particular case.
Comparative negligence is a common factual defense. This is a legal claim that claims that the person who files the claim should be held responsible for the injuries or damages they've suffered. Whether or not this is a valid argument will be contingent on the laws of the state. Many states have a type of comparative negligent law.
Defense lawyers often also use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This is the argument that the person who was injured assumed the risk of injury by participating in an activity, like exercising in a gym or playing an athletic game. This is a valid argument, but highly experienced attorneys know the best way to resolve it.
Another defense that may be used is that the injured party failed to mitigate their losses. If someone claims losses in earnings as a component of damages, the defendant can claim that the person who was injured ought to have taken steps towards finding work, even if this could not have made the claimant whole.