Motor Vehicle Accident Lawsuit
In many cases, medical costs and other financial losses a person suffers will exceed their no-fault coverage. This is where a motor vehicle accident lawyers vehicle lawsuit may come into play.
The process of filing suit starts with your lawyer sending a complaint to the defendant. The defendant is then given the chance to respond to the complaint.
Damages
In a motor vehicle crash lawsuit damages are awarded for physical financial, emotional and other personal damages caused by another’s negligent actions. In most states the tort liability system is in use. This means that the person who caused the accident is liable to pay the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to carry their own insurance in order to cover the injuries they cause to others.
In the first phase of the legal process, your attorney will conduct a presuit investigation to determine liable parties and available reasons for action. This is referred to as discovery. It involves exchanging documents with your adversaries and requesting details. Keep in mind that your adversary is seeking to settle this case for as little money as they can. It may take some time before you get an offer of an acceptable settlement.
The amount of compensation you will receive in an auto accident lawsuit is contingent on the extent of the injury and the extent to which your property has been damaged. Your lawyer can help you determine the value of the claim by adding up your medical expenses and any future or anticipated costs.
It is not always easy to assess the value of a Motor Vehicle Accident Lawsuits vehicle crash claim, but your attorney will be diligent in constructing an argument that will support your claim for maximum compensation. Your lawyer will discuss with insurance companies to reach a fair settlement which addresses your current and future financial needs.
Liability
During the initial discovery phase of your case your attorney will begin to exchange information with the insurance company of your adversary. This will include documents like accident reports and medical records, as well as testimony statements, and expert opinions.
You will also give your version of what happened. The trauma of an accident may hinder your ability to remember details, but we will be patient and compassionate. Our goal is to help recall as much information as possible so that we can present an effective case on your behalf.
Your lawyer will likely seek a settlement at this point, but it is not always feasible. If no agreement can be reached, your case will go to trial. This could be a bench trial before a judge or jury, depending on the jurisdiction.
The cost of a lawsuit can be substantial. In most cases, the insurance companies will have to pay for the cost of the lawyer and investigator as well as other experts. This is why the majority of parties are looking to settle their claims as quickly as possible. Settlements will save both parties time and money and end the claim. Personal injury lawyers typically are paid on a contingency fee and won’t be paid until the case has been settled. Plaintiffs also want to get past the incident and the aftermath.
Statute of Limitations
The statute of limitations is the period of time for filing an action. If you don’t file your lawsuit within the stipulated time period your claim will be deemed barred. This means that you can’t recover the damages you suffered. A seasoned attorney can help you determine the time limitations applicable to your particular case.
For example in car accident cases, the law requires that you file your claim within three years from the date of your crash. However, there are numerous exceptions that may affect your statute of limitations. The deadline can be tolled in certain situations for instance, if you are a minor and the accident involves an agency of the government.
In certain cases, there may be a provision for tolling the statute of limitations in cases where the state of mind of the victim at the time of an accident is in doubt. In addition the statute of limitation can be tolled during the discovery process when your attorney seeks information from the defendant and their lawyers in written questions called interrogatories or by way of formal testimonies, also known as depositions.
A personal injury lawyer can ensure that your legal case is filed on time and that you have the evidence required for a strong defense. Many accidents require an investigation, which can take time. Furthermore, Motor Vehicle Accident Lawsuits evidence found on the ground can deteriorate as time passes.
Defenses
In any lawsuit that involves the accident of a motor vehicle, there are many defenses that can be raised. These include both legal and factual arguments. Some of these defenses to law could be based upon procedural issues like a failure to meet the statute of limitations, while others might be based on the merits of a particular case.
Comparative negligence is a popular factual defense. This is a legal argument which claims that the injured person who filed the claim should be held partly accountable for the damages and injuries they have suffered. The validity of this argument is contingent on the law of the state. A majority of states have enacted some type of comparative negligence law.
Defense lawyers often also use the defense of assumption of risk to attempt to strip plaintiffs of their right to compensation. This is the argument that the person who was injured assumed the risk of injury when they participated in an activity, like training at a gym or playing in a sport. This is a valid argument, however experienced attorneys know the best way to overcome it.
Another common defense that can be used is that the victim was unable to limit their losses. If someone asserts losses in earnings as a part of the overall damages, the defendant may claim that the person who was injured should have taken the necessary steps to finding work, even if this would not have made the claimant whole.