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Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other economic losses will go beyond their insurance's no-fault coverage. This is where a motor vehicle lawsuit may come into play.

The process of filing a lawsuit starts with your attorney sending the defendant a complaint. The defendant has the right to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded in the event of physical financial, emotional and other personal injuries caused by another's negligent actions. In most states the tort liability system is in use. This means that the party who caused the accident is liable to pay the victim for their losses. Twelve states also have no-fault law, which require car owners to carry their own insurance in order to cover the injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit in order to determine accountable parties and potential causes of the action. This is referred to as discovery and it involves exchanging papers and seeking information from your adversary. Be aware that your adversary is trying to settle this case for as little as possible. It may take some time before you receive an offer of an acceptable settlement.

The amount of damages you receive for a car accident lawsuit depends on the extent of the injury and the extent to which your property is damaged. Your lawyer can assist you calculate the value your claim by incorporating your medical expenses and any projected or future expenses.

It is not always easy to determine the worth of a motor vehicle accident claim, but your attorney will diligently build an argument that will support your claim for the highest amount of compensation. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that takes into account your current and future financial requirements.

Liability

During the first discovery phase of your case, your attorney will start exchanging information with the insurance company of your adversary. This will include documents such accident reports, medical records, and witness statements.

You will also be asked to give your version of the events. We will be patient with you when the trauma of an accident impedes your ability to recall information. Our aim is to assist you recall as much as is possible so that we can make a convincing case for your injuries.

At this point your lawyer will likely come to a settlement. However, it is not always feasible. If you cannot reach an agreement, the case will be decided. This could be a bench trial in before a judge or jury, based on the jurisdiction.

A lawsuit can be costly. Insurance companies are usually required to pay the expenses of an attorney, investigator, or other experts. In this way, the majority of parties would like to settle their claims as quickly as possible. Settlements will save both parties time and money and make the claim more streamlined. This is one of the reasons that personal injury lawyers usually work on a contingency basis and don't receive a payment until they are able to settle your case. Plaintiffs will also want to move on from the incident and the aftermath.

Statute of limitations

In every lawsuit, there is a time period to file the case called the statute of limitations. If you fail to file your lawsuit within the prescribed time frame, your claim will be deemed barred. This means that you won't be able to recover compensation for the injuries you sustained. An experienced attorney will be able to determine the deadlines that apply to your case.

For instance in car accident cases the law requires that you submit your claim within three years from the date of your crash. 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 a minor or when the accident involves the services of a government agency.

There could also be a statute of limitation tolling clause in certain circumstances when there is doubt about the mental state of the victim at the time of the incident. In addition, the statute of limitations could be extended during the discovery process when your attorney requests information from the defendant and his or her lawyers through written questions known as interrogatories or via formal testimonies known as depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence required for a strong defense. Many wrecks need an investigation, which can take time. Evidence can also change as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural considerations that include failure to comply with the statute of limitations. Others may be solely based on merits.

Comparative negligence is a common factual defense. This is a legal defense which asserts that the injured person who files the claim should be held accountable for the harm or injuries they've sustained. If this is an acceptable argument will depend on the law of the state. A majority of states have enacted some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation. The argument is that the victim took on the risk of injury by engaging in an activity like working out at a gym or playing sports. This is a legitimate argument, but experienced lawyers know the best way to counter it.

Another common defense is that the person who suffered injury failed to mitigate their damages. If someone asserts the loss of earnings as part of the overall damages, the defendant might argue that the injured person should have taken steps toward finding work, even though this would not have made the claimant whole.