15 Unexpected Facts About Motor Vehicle Lawsuit You've Never Seen

Motor Vehicle Accident Lawsuit

In the majority of cases, medical expenses and other financial damages will be more than their no-fault insurance coverage. This is where a motor vehicle lawsuit might come into play.

The process of filing suit starts with your lawyer submitting a complaint to the defendant. The defendant has the opportunity to respond to your 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 another party. 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 follow no-fault insurance laws that require car owners to have their own insurance in order to cover the injuries they cause to others.

In the initial phase of the legal process, your lawyer will conduct a pre-suit investigation to identify possible liable parties and the possible causes of action. This is known as discovery, and involves transferring documents and requesting information from your adversary. It is crucial to remember that your adversary is trying to resolve this dispute for the smallest amount possible, therefore it may be a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a car accident lawsuit will depend on the severity of your injuries and the extent of the damage to your property. 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, and evaluating the extent of the damage to your property.

It can be difficult to determine the value of a motor accident claim. But, your attorney will do their best to defend your claim and get you the maximum amount of money. Your lawyer will negotiate with insurance companies to reach an equitable settlement that takes into account your financial and future needs.

Liability

In the initial discovery phase of your case, your attorney will begin to share information with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.

You will also share your version of what transpired. We will be patient with you if the stress of an accident affects your ability to recall information. Our aim is to assist you remember as much as possible so we can build a strong argument for your claim.

At this point your lawyer will most likely reach an agreement. However, it's not always feasible. If a settlement isn't reached, your case will move to trial. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction.

The cost of a lawsuit could be high. Often the insurers will have to pay for the cost of the lawyer or investigator as well as other experts. The majority of parties wish to settle claims as quickly and efficiently as they can. A settlement can save both parties time and money and conclude the case. This is one of the reasons why personal injury lawyers generally operate on a contingency basis and don't get paid until they resolve your case. Equally, plaintiffs be looking to move on from the accident and its repercussions.

Statute of limitations

In every lawsuit there is a time limit to file the case known as the statute of limitation. If you don't submit your lawsuit within the given time period your claim is deemed to be barred. This means that you can't recover for the injuries you sustained. An experienced lawyer will be able to determine the deadlines that apply to your case.

In cases involving car accidents, for example the law obliges you to file a claim within 3 years of date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline may be tolled (stopped) under certain circumstances such as when you are minor or the incident involves the services of a government agency.

There could also be a statute of limitation tolling option in certain instances when there is doubt about the condition of the victim's mind at the time of the incident. The statute of limitation could be tolled if your attorney demands from the lawyer of the defendant and the defendant for information through written interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have the evidence you require for an effective defense. Many wrecks require an investigation, which takes time. Physical evidence can also deteriorate with time.

Defenses

There are many defenses that could be argued in any motor vehicle accident lawsuit. These include both factual and legal arguments. Some legal defenses are based on procedural concerns like not meeting the statute of limitations. Others may be solely based on merits.

The concept of comparative negligence is a common factual defense. This is a legal defense which claims that the injured person who files the claim should be held responsible for the injuries or damages they have sustained. The validity of this argument will depend on the state's law. Most states have some form of comparative negligence law.

Defendants often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This argument states that the plaintiff took on the risk of injury by participating in a sport such as working out in a gym or participating in sports. This is a legitimate defense, however, highly skilled lawyers know how to overcome this argument.

Another common defense that could be used is that the injured party failed to mitigate their losses. For example when a person is making a loss of earnings claim as part of their total damages, the defendant could claim that the injured party should have taken steps to find a job, even if it would not have paid for their entire loss.