Motor Vehicle Accident Lawsuit
In the majority of cases, medical expenses and other financial expenses will exceed their insurance coverage that is no fault. This is where a
motor vehicle accident lawyers vehicle lawsuit may come into play.
The procedure of filing a lawsuit begins with your attorney submitting to the defendant a formal complaint. The defendant has the right 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 caused by the negligent acts of a third party. Most states operate under a tort liability system, which means that the party responsible for the accident must compensate the victim for their losses. Twelve states have no fault insurance, which obliges car owners to have insurance to compensate for any injuries they may cause.
In the beginning of the legal process your attorney will conduct a pre-suit investigation to identify possible liable parties and available legal remedies. This is referred to as discovery. It involves exchanging documents with your adversary and seeking information. It is important to remember that your adversary is trying to resolve this case for the least amount possible, so it could take a while before you receive a fair settlement offer.
The amount of damages you receive from a lawsuit arising from a car accident is contingent on the severity of the injury and the extent to the extent that your property has been damaged. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or anticipated costs, as well as assessing the severity of your property damage.
It is not always easy to judge the value of a
motor vehicle accident claim, but your lawyer will work diligently to build a strong case that supports your claim for the highest amount of compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that takes into account your current and future financial needs.
Liability
In the initial discovery phase of your case, your lawyer will begin to exchange information with your adversary's insurance company. This includes documents such as accident reports and medical records, as well as testimony statements, and expert opinions.
You will also be asked to tell your version of the events. We will be patient with you if the trauma of an accident hinders your ability to remember details. Our goal is to assist you in to recall as much information as you can so that we can present strong arguments on your behalf.
Your lawyer will likely reach a settlement at this point, but it is not always feasible. If a settlement isn't reached, the case will move to trial. This could be a bench trial front of a judge, or a jury, based on the jurisdiction.
A lawsuit can be expensive. Insurance companies are usually required to pay the costs of an attorney, investigator, or other experts. Because of this, many parties are looking to settle their claims as swiftly as possible. Settlement will close a claim for both parties and save both time and money. Personal injury lawyers are typically paid on a contingency fee and are not paid until the case is concluded. Plaintiffs also want to move on from the incident and the aftermath.
Statute of limitations
In every lawsuit there is a specific time limitation to file the lawsuit called the statute of limitations. If you fail to submit your lawsuit within the prescribed time period, your claim will be denied. This means that you won't be able to recover compensation the damages you suffered. An experienced attorney can help you determine the precise time limits for your case.
For example in the case of car accidents, the law requires that you submit your claim within three years of the date of your accident. However, there are many exceptions that can affect your statute of limitations. For instance, the deadline could be tolled (stopped) under certain circumstances such as when you are minor or the incident involves a government agency.
In certain cases, there may be a provision allowing the statute of limitations in cases where the condition of the victim at the time of the accident is unclear. The statute of limitations can also be tolled when your attorney requests the lawyer for the defendant and the defendant to provide information through written questions called interrogatories, or formal depositions.
A personal injury lawyer can ensure that your legal claim is filed on time and that you have the evidence required for an effective defense. Many accidents require an investigation, which takes time. The physical evidence can also degrade over time.
Defenses
There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These are both factual and legal arguments. Some of these legal defenses might be based on procedural issues like failure to meet the statute of limitations, while others might be based on the merits of a particular case.
Comparative negligence is an important factual defense. It is a legal argument which asserts that the person submitting the claim should be held responsible for the harm and injuries they've suffered. The validity of this argument an appropriate argument will depend on the law of the state. Many states have a type of comparative negligence law.
The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This argument states that an injured party assumed the risk of injury if they participated in an activity, like working out at a gym, or playing a sport. This is a valid defense, however, experienced attorneys know how to overcome this argument.
Another defense that may be used is that the party who was injured failed to mitigate their losses. If a plaintiff claims the loss of earnings as a component of damages, the defendant might claim that the person who was injured should have taken steps toward finding work, even if this could not have made the claimant whole.