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Motor Vehicle Accident Lawsuit In the majority of cases medical expenses and other economic losses will go beyond the insurance coverage they have under nofault This is where a motor vehicle lawsuit might be involved The procedure of filing a lawsuit starts by sending your attorney to the defendant a lawsuit The defendant is then given the chance to respond to the complaint Damages In a motor vehicle collision lawsuit damages are awarded in the event of physical and financial injuries caused by anothers negligent actions The majority of states have the tort liability system which means that the party responsible for the accident must compensate the victim for his or her losses Twelve states have nofault insurance which requires car owners to carry insurance to pay for any injuries they cause In the beginning of the legal process your attorney will conduct a presuit probe to identify any potential defendants and available options for action This is called discovery and involves exchanging documents and requesting information from your adversary Keep in mind that your adversary will try to settle the case for as little money as they can It could take some time before you get an offer of a fair settlement The amount of damages you are awarded in a lawsuit arising from a car accident will be contingent on the severity of your injuries as well as the extent of the damage to your property Your lawyer will assist you in calculating the value of your claim by adding up your medical expenses which includes any future or projected costs and evaluating the extent of your property damage Its not always easy to determine the worth of a motor vehicle accident claim but your lawyer will be diligent in constructing an argument that is strong and supports your claim for the most compensation Your lawyer will discuss with insurance companies to reach a fair settlement which addresses 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 will include documents like accident reports and medical records as well as testimony statements and expert opinions You will also share your version of what happened The trauma of an accident may hinder your ability to recall details however we will be understanding and patient Our aim is to help you remember as much as possible so we can present a convincing case for your damages At this stage your lawyer will most likely reach a settlement However its not always possible If no agreement is reached the case will be taken to trial It could be an appeal before jurors judges or both depending on the jurisdiction of your case The cost of a lawsuit can be very high Often the insurers will have to pay for the cost of the lawyer or investigator as well as other experts In this way the majority of parties wish to settle their claims as quickly as possible A settlement will save both parties time and money and close the claim This is one of the reasons that personal injury lawyers usually work on a contingency basis and dont receive a payment until they have resolved your case Equally plaintiffs desire to move past the injury and its aftermath Statute of limitations In every lawsuit there is a time limit to file the case called the statute of limitations Failing to file a lawsuit within the appropriate timeframe can halt your claim meaning that you wont be able to seek compensation for your injuries An experienced lawyer can help you determine the deadlines for your particular case In cases involving car accidents for example the law obliges you to file a claim within 3 years from the date of the incident However there are a few circumstances that can alter your statute of limitations The deadline may be tolled in certain circumstances like if you are minor and the event involves an agency of the government There could also be a statute of limitation tolling provision in some cases when there is doubt about the mental state of the victim at the moment of the accident The statute of limitations could be tolled if your attorney demands from the lawyer of the defendant and the defendant to provide information through written questions known as interrogatories or formal depositions A personal injury lawyer will help ensure that your case is handled in a timely manner and that you are capable of obtaining the evidence that you need to have a strong defense Many wrecks require an investigation which may take time Evidence can also change as time passes Defenses In any lawsuit that involves an automobile accident there are numerous defenses that could be raised They are both factual and legal arguments Some legal defenses are based on procedural issues like not meeting the statute of limitations Others could be based solely on the merits Comparative negligence is a typical factual defense This is a legal argument which asserts that the injured person who files the claim should be held accountable for the injuries or damages they have sustained The validity of this argument an acceptable argument will depend on the states law Most states have adopted some type of comparative negligence law Defendants also often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation This is the claim that an injured party assumed the risk of injury if they participated in the course of training at a gym or playing a sport motor vehicle accident law firm mckinney is a legitimate defense however skilled lawyers know how to get around this argument Another common defense that can be used is that the injured party failed to mitigate their losses For instance if a person is making a lossofincome claim as part of their overall damages the defendant could claim that the victim should have taken the necessary steps to find a job regardless of the fact that it would not have paid for their entire loss
