Motor Vehicle Accident Lawsuit
In many cases, the medical costs and other economic losses a person suffers will surpass their no-fault insurance. This is where the possibility of a motor vehicle suit could be a factor.
The process of filing suit starts by sending an accusation to the defendant. The defendant then has the chance to respond to the complaint.
Damages
In a motor vehicle accident lawsuit, damages are awarded to cover the financial, physical, and other personal injuries caused by the negligent actions of a third party. In the majority of states the tort liability system is used. This means that the person who caused the incident is responsible to compensate the victim for their losses. Twelve states also follow no-fault insurance laws, which oblige car owners to carry their own insurance in order to cover the injuries they cause to other people.
In the beginning of the legal process, your lawyer will conduct a pre-suit inquiry to identify possible liable parties and the possible reasons for action. This is called discovery and involves exchanging documents with your adversaries and seeking information. It is important to remember that your adversary is trying to settle this dispute for Motor Vehicle Accident Lawsuit the smallest amount possible, therefore it could take some time before you receive an acceptable settlement offer.
The amount of the damages you will receive in a lawsuit over a car accident will depend on the seriousness of your injury and the extent of your property damage. Your lawyer can help you calculate the value of your claim by adding the medical expenses you incur, including any projected or future costs, and assessing the amount of damage to your property.
It’s not always simple to judge the value of a motor vehicle crash claim, but your attorney will diligently build an argument that is strong and supports your claim for maximum compensation. Your lawyer will negotiate with insurance companies to come up with an acceptable settlement that will address your financial and future requirements.
Liability
In the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company. This could include documents such as accident reports and medical records, as well as witness statements, and expert opinions.
You will also be asked to give your own version of what happened. We will be patient with you in the event that the trauma of an accident affects your ability recall details. Our goal is to assist you in recall as much information as we can to be able to present strong arguments on your behalf.
At this point your lawyer will most likely come to a settlement. However, it’s not always possible. If you fail to reach an agreement, the case will be heard. This could be a bench trial in front of a judge or jury, based on the jurisdiction.
A lawsuit can be expensive. Insurance companies are often required to pay the costs of an attorney investigator, or other experts. The majority of parties wish to settle claims as fast and efficiently as possible. Settlements will save both parties time and money as well as end the claim. Personal injury lawyers are typically paid on a contingency fee and won’t be paid until the case is settled. Plaintiffs will be looking to move on from the incident and its aftermath.
Statute of limitations
In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations. Failing to file a lawsuit within the appropriate timeframe can halt your claim, meaning that you cannot recover for your injuries. An experienced attorney will be able determine the time limits for your particular case.
In the case of car accidents for instance, the law requires you to file your claim within three years of the date of the incident. There are some exceptions to the statute of limitations. The deadline may be tolled in certain situations like if you are minor and the event involves an agency of the government.
There could also be a statute of limitations tolling provision in certain cases when there is doubt over the condition of the victim’s mind at the time of the incident. The statute of limitations could be tolled if your attorney requests the defendant’s lawyer and the defendant to provide information through written questions called interrogatories, or formal 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 an effective defense. Many accidents require investigation, which can take time. Furthermore, evidence found on the ground is susceptible to deterioration over time.
Defenses
There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses might be based upon procedural issues like the inability to meet the statute of limitations, while others could be based upon the merits of a particular case.
The concept of comparative negligence is a common factual defense. This is a legal defense which asserts that the person who is filing the claim should be held responsible for the damages and injuries they’ve suffered. This argument’s validity will depend on the state’s law. Many states have enacted 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 is the theory that an injured party assumed the risk of injury by participating in the course of training at a gym or playing in a sport. This is a valid defense, but experienced attorneys know how to get around this argument.
Another common defense that could be used is that the victim was unable to limit their losses. For example when a person is making a loss of earnings claim as part of their overall damages, the defendant could argue that the person who was injured should have taken the necessary steps to find work even if it could not have compensated them fully.