Motor Vehicle Accident Lawsuit
In many cases, medical expenses and other financial expenses will exceed their insurance's no-fault coverage. This is where a motor vehicle lawsuit might play a role.
The process of filing suit begins with your lawyer sending a complaint to the defendant. The defendant has the option to respond to your complaint.
Damages
In a lawsuit involving a motor accident, damages are awarded to compensate for the physical, financial and any other personal injury caused by the negligent actions of another party. The majority of states have the tort liability system which means that the party who caused the accident has to pay compensation to the victim for their losses. Twelve states also have no-fault law, which require car owners to have their own insurance in order to cover the injuries they cause to other people.
In the initial stage of the legal process your lawyer will conduct a pre-suit investigation to identify potential liable parties and the possible causes of action. This is referred to as discovery and involves transferring documents and requesting information from your adversaries. It is crucial to keep in mind that your adversary is trying to resolve this case with the least amount of money, and it may be a while before you receive an acceptable settlement offer.
The amount of damages you are awarded in a lawsuit arising from a car accident will be contingent on the severity of your injury as well as the extent of the damage to your property. Your lawyer can help you calculate the value your claim by incorporating your medical expenses and any projected or future costs.
It isn't always easy to determine the value of a motor accident claim. But, your attorney will do everything to help your claim and secure the maximum amount of money. Your lawyer will negotiate with the insurance companies to come up with a fair settlement that addresses your present and future financial needs.
Liability
During the initial discovery stage of your case, your lawyer will begin sharing information with the insurance company of your adversary. This will include documents such as accident reports and medical records, testimony statements, and expert opinions.
You will also be asked to give your own version of what happened. We will be patient with you if the trauma of an accident interferes with your ability to recall information. Our goal is to help you recall as much as is possible so that we can present a convincing case for your damages.
At this point, your lawyer will most likely reach a settlement. However, it's not always feasible. If you fail to reach a settlement, your case will be tried. It could be a trial before the jury, a judge or both depending on the jurisdiction you are in.
A lawsuit can be expensive. Often, the insurers will have to cover the costs of the lawyer, investigator, and other experts. Most parties would like to settle claims as swiftly and efficiently as possible. A settlement can end a case for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency fee and are not paid until the case has been concluded. Similarly, plaintiffs will want to move on from the accident and its repercussions.
Statute of limitations
The statute of limitations is the deadline for filing an action. If you don't file your lawsuit within the prescribed timeframe your claim will be barred. This means that you will not be able to claim compensation for your injuries. motor vehicle accident law firm virginia can establish the time frame for your particular case.
In the case of car accidents for instance, the law requires you to file your claim within 3 years from the date of the incident. However, there are a few circumstances that can alter your statute of limitations. For instance, the deadline could be extended (stopped) in certain situations such as when you're minor or the accident involves an agency of the government.
There may also be a statute of limitations tolling provision in some cases when there is doubt about the condition of the victim's mind at the time of the accident. Additionally, the statute of limitations can be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers through written questions referred to as interrogatories or via formal testimonies known as depositions.
A personal injury lawyer can assist you in ensuring your case is filed in a timely manner and that you are in a position to obtain the evidence that you need to have a strong defense. Many wrecks require an investigation that can take a long time. Physical evidence may also become less reliable with time.
Defenses
In any case involving a motor vehicle accident there are many defenses that can be brought up. These include both legal and factual arguments. Some legal defenses are based on procedural concerns like failure to meet the statue of limitations. Others may be solely based on merits.
Comparative negligence is an important factual defense. It is a legal argument which asserts that the injured person who files the claim should be held partially responsible for the harm or injuries they have sustained. The validity of this argument will depend on the state law. Many states have enacted a form of comparative negligence law.
Defendants also often use the defense of assumption of risk to attempt to deprive plaintiffs of their rights to compensation. This is the argument that the injured party accepted the risk of injury by participating in the course of exercising at a gym or playing an athletic game. This is a legitimate argument, but experienced attorneys know the best way to defeat it.
Another defense that may be used is that the injured party failed to mitigate their losses. For instance, if a person is making a loss-of-income claim as part of their overall damages, the defendant may claim that the injured party should have taken the necessary steps to find a job even if it could not have been enough to make them whole.