clickglue2
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Motor Vehicle Accident Lawsuit In many instances the medical costs and other expenses of a person could surpass their nofault insurance This is where a motor vehicle lawsuit could play a role The procedure of filing a lawsuit starts by sending your attorney to the defendant a lawsuit The defendant has the right to respond to your complaint Damages In a motor vehicle accident lawsuit damages are awarded to victims for physical financial and other personal damages caused by anothers negligent actions In the majority of states the tort liability system is utilized This means that the person who caused the accident has to pay the victim for their losses Twelve states have nofault insurance which obliges car owners to have insurance to cover any injuries they cause Your attorney will conduct an investigation prior to filing a lawsuit in order to identify any atfault parties and possible causes of the action This is called discovery and involves exchanging documents and seeking information from your adversary It is crucial to keep in mind that your adversary is trying to resolve this dispute for the smallest amount possible therefore it may be a while before you receive a fair settlement offer The amount of damages you are awarded in a lawsuit for car accidents will depend on the severity of your injury and the extent of your property damage Your lawyer will help you calculate the value of your claim by adding up the medical expenses you incur including any future or projected costs as well as assessing the amount of damage to your property Its not always simple to judge the value of a motor vehicle crash claim but your lawyer will diligently build an argument that will support your claim for the highest amount of compensation Your lawyer will engage with insurance companies in order to achieve a fair resolution that will address your present and future financial requirements Liability In the initial discovery phase of your case your attorney will begin to exchange information with your adversarys insurance company This will include documents such as accident reports medical records witness statements and expert opinions You will also be asked to give your account of the events The trauma of an accident could interfere with your ability to recall details however we will be patient and compassionate Our aim is to assist you recall as much as possible so we can build a strong case for your injuries Your lawyer will likely come to a settlement by this point but it is not always feasible If you cannot come to an agreement your case will be tried This could be a bench trial front of a judge or a jury depending on the jurisdiction A lawsuit can be costly In most cases the insurance companies will have to pay for the cost of the lawyer and investigator as well as other experts The majority of parties want to settle claims as quickly and efficiently as they can 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 will not get paid until the case has been completed Equally plaintiffs want to move on from the accident and its consequences Statute of limitations In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations If you fail to submit your lawsuit within the prescribed timeframe your claim is deemed to be barred This means you cant recover the damages you suffered An experienced lawyer will be able determine the deadlines applicable to your particular case In car accident cases for example the law requires you to file your claim within 3 years of date of the accident However there are a few exceptions that could affect the statute of limitations The deadline may be tolled in certain situations for instance if you are minor and the event involves an agency of the government In some instances there could be a provision that will tollerate the statute of limitations when the victims state of mind at the time of the accident is uncertain In addition the statute of limitations may be extended during the process of discovery when your attorney seeks information from the defendant and his or her lawyers in written questions called interrogatories or in formal testimonies called depositions A personal injury lawyer can help ensure that your legal claim is filed in time and that you have access to the evidence required for a strong defense Many wrecks need an investigation which can take time Additionally evidence from the physical may degrade as time passes motor vehicle accident lawyer naperville There are many defenses that can be raised in any motor vehicle accident lawsuit They include both legal and factual arguments Some legal defenses are based on procedural concerns that include failure to comply with the statute of limitations Other defenses may be solely based on merits 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 partially responsible for the damage and injuries theyve suffered This arguments validity will depend on the laws of the state Most states have some form of comparative negligence law Defendants often use the defense of assumption of risk to attempt to take away plaintiffs rights to compensation This is the claim that the injured party accepted the risk of injury if they participated in the course of working out at a gym or playing sports This is a legitimate argument but skilled attorneys know the best way to overcome it Another common defense that could be used is that the victim did not adequately compensate for their losses If a person claims losses in earnings as a component of damages the defendant might claim that the person who was injured should have taken steps towards finding work even though this wouldnt have made the claimant whole
