Motor Vehicle Accident Law Firm Vehicle Accident Lawsuit

In many cases, medical expenses and other economic losses a person suffers will exceed their no-fault coverage. This is where the possibility of a motor vehicle suit could play a role.

The process of filing a lawsuit begins with your attorney submitting the defendant a formal complaint. The defendant then has the chance to respond to the complaint.

Damages

In a motor vehicle collision lawsuit damages are awarded for physical, financial and other personal harm caused by a third party's negligent actions. Most states operate under the tort liability system, which means that the person responsible for the incident must pay compensation to the victim for their losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance to protect themselves from injuries they cause to others.

In the beginning of the legal process, your lawyer will conduct a pre-suit investigation to determine liable parties and available reasons for action. This is known as discovery, and it involves exchanging papers and requesting information from your adversary. Remember that your adversary is trying to settle this case for as little as possible. It could take some time before you receive an offer of a fair settlement.

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

It can be difficult to determine the value of a motor vehicle accident lawyer accident claim. However, your lawyer will work hard to support your claim and secure maximum compensation. Your lawyer will negotiate with the insurance companies to negotiate an acceptable settlement that will address your current and future financial needs.

Liability

In the initial discovery phase of your case your attorney will begin exchanging information with the insurance company of your adversary. This will include documents like accident reports and medical records, witness statements, and expert opinions.

You will be asked to share your version of the events. The trauma of an accident may interfere with your ability to recall details, but we will be patient and compassionate. Our goal is to help to recall as much information as you can so that we can make an effective case on your behalf.

Your lawyer will likely negotiate a settlement at this point, but it is not always possible. If no agreement can be reached, your case will go to trial. It could be a trial before jurors, judges or both depending on the jurisdiction you are in.

A lawsuit can be expensive. Insurance companies are usually required to pay for the costs of an attorney, investigator, or any other expert. For this reason, most parties are looking to settle their claims as swiftly as possible. Settlements can close a claim for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency basis and are not paid until your case is completed. In the same way, plaintiffs be looking to move on from the accident and its consequences.

Statute of Limitations

In every lawsuit there is a time period to file the case known as the statute of limitations. Failure to submit a lawsuit within the appropriate time frame can bar your claim, meaning you cannot recover for motor vehicle accident law Firm your injuries. A seasoned attorney will be able to determine the time limitations for your particular case.

For instance in the case of car accidents the law requires that you submit your claim within three years from the date of the crash. There are a few exceptions to the statute of limitations. For instance, the deadline may be extended (stopped) in certain circumstances such as when you are a minor or when the accident involves a government agency.

In some instances, there may be a provision allowing the statute of limitations in cases where the state of mind of the victim at the time of the accident is in doubt. The statute of limitations could also be tolled when your attorney contacts lawyers for the defendant as well as the defendant for information through written questions, also known as interrogatories or formal depositions.

An attorney for personal injuries will help ensure that your case is filed promptly and you are capable of obtaining the evidence that you need to have a strong defense. Many accidents require an investigation, which takes time. The physical evidence can also degrade over time.

Defenses

In any case involving an accident involving a motor vehicle there are a variety of defenses that could be raised. These include factual and legal arguments. Some of these legal defenses might be based on procedural factors like failure to meet the deadline for filing, while others may be based on the merits of a specific case.

Comparative negligence is a typical factual defense. This is a legal defense which claims that the injured person who filed the claim should be held partially responsible for the harm or injuries they've sustained. The validity of this argument is contingent on the laws of the state. The majority of states have some form of comparative negligent 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 assumed risk of injury by engaging in an activity such as working out in a gym or participating in sports. This is a legitimate argument, however experienced lawyers know the best way to counter it.

Another common defense is that the person who was injured failed to mitigate their damages. For example in the event that a person is making a loss of earnings claim as part of their total damages, the defendant can claim that the injured party should have taken steps to find work regardless of the fact that it would not have been enough to make them whole.