doubtbag03
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Motor Vehicle Accident Lawsuit In many cases medical costs and other financial losses of a person will outstrip their nofault insurance A motor vehicle lawsuit may be the best option in this scenario The procedure of filing a lawsuit begins with your attorney sending the defendant a notice The defendant then has the chance to respond to the complaint Damages In a motor vehicle crash lawsuit damages are awarded to victims for physical financial emotional and other personal damages caused by anothers negligent actions Most states follow a tort liability system which means that the party responsible for the incident must compensate the victim for his or her losses Twelve states have nofault insurance which obliges car owners to have insurance to pay for any injuries they cause In the beginning of the legal process your attorney will conduct a presuit investigation to identify potential liable parties and possible reasons for action This is called discovery and involves exchanging documents and requesting information from your adversary Remember that your opponent is seeking to settle this case for as little as is possible It may take some time before you receive an offer of a fair settlement The amount of compensation you receive for a lawsuit arising from a car accident is contingent on the severity of the injury and the extent to which your property is damaged Your lawyer can help calculate the value your claim by incorporating your medical expenses and any projected or future expenses It isnt always easy to determine the value of a motor accident claim However your attorney will do everything to help your claim and obtain maximum compensation Your lawyer will negotiate with insurance companies to come up with an acceptable settlement that will address your current and future financial needs Liability In the initial discovery phase of your case your attorney will start exchanging information with the insurance company of your adversary This could include documents such as accident reports medical records and witness statements motor vehicle accident lawsuit norwalk will also provide your version of what transpired The stress of an accident can impair your ability remember details but we will be patient and understanding Our aim is to assist you recall as much as possible so we can make a convincing argument for your damages Your lawyer could negotiate a settlement at this point but it is not always feasible If you are unable to reach an agreement the case will be tried This could be a bench trial in before a judge or jury depending on the jurisdiction A lawsuit can be expensive Insurance companies are typically required to pay for the costs of an attorney investigator or other experts The majority of parties wish to settle claims as fast and efficiently as is possible Settlements can make a claim void for both parties and save both time and money Personal injury lawyers typically are paid on a contingency fee and will not get paid until the case has been settled Plaintiffs also want to get past the incident and its aftermath Statute of Limitations The statute of limitations is the deadline for filing a lawsuit Failing to submit a lawsuit within the proper time frame could halt your claim meaning you cannot recover the damages you suffered An experienced lawyer will be able determine the deadlines that apply to your case In car accident cases for instance the law requires you to file a claim within 3 years of date of the incident There are some exceptions to the statute of limitations The deadline may be tolled in certain situations like if you are an underage person and the incident involves an agency of the government There may also be a statuteoflimitations tolling option in certain instances when there is doubt over the mental health of the victim at the moment of the accident In addition the statute of limitations could be tolled during the discovery process when your attorney asks for information from the defendant and his or her lawyers in written questions called interrogatories or through a formal testimonies called depositions A personal injury attorney will help ensure that your case is handled in a timely manner and you are capable of obtaining the evidence that you need for a successful defense Many wrecks require an investigation which takes time Furthermore evidence found on the ground is susceptible to deterioration as time passes Defenses There are a variety of defenses that could be argued in any motor vehicle accident lawsuit They include both factual and legal arguments Some legal defenses are based on procedural concerns such as not meeting the statute of limitations Others could be solely based on merits Comparative negligence is an important factual defense It is a legal argument which claims that the injured person who filed the claim should be held accountable for the injuries and damages they have suffered If this is a valid argument will depend on the states law Most states have some form of comparative negligence law The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation The argument is that the injured party was at risk of injury through taking part in an activity like exercising at a gym or playing sports This is a legitimate argument but highly experienced lawyers know the best way to overcome it Another defense that may be used is that the person who was injured was unable to limit their losses For example when a person is making a lossofincome claim as part of their total damages the defendant could argue that the injured party should have taken the necessary steps to find work regardless of the fact that it would not have paid for their entire loss