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Motor Vehicle Accident Lawsuit In many instances the medical costs and other expenses of a person could outstrip their nofault insurance This is where a motor vehicle lawsuit could come into play The procedure of filing suit begins with your lawyer sending an email to the defendant The defendant has the option to respond to your complaint Damages In a motor vehicle collision lawsuit damages are awarded to victims for physical financial and other personal injuries caused by anothers negligent actions In motor vehicle accident attorneys redwood city the tort liability system is utilized This means that the party responsible for the accident is required to compensate the victim for their losses Twelve states also follow nofault insurance laws which require car owners to have their own insurance to cover injuries they cause to others Your attorney will conduct an investigation prior to filing a lawsuit in order to identify potential responsible parties and possible causes of action This process is known as discovery It involves exchanging documents with your adversaries and seeking information It is crucial to keep in mind that your adversary is trying to resolve this case for the least amount possible so it could take a while before you receive an acceptable settlement offer The amount of damages youll receive in a lawsuit over a car accident will depend on the seriousness of your injury as well as the extent of your property damage Your lawyer will assist you in calculating the value of your claim by adding up the medical expenses you incur including any future or projected expenses and assessing the severity of your property damage Its not always easy to determine the worth of a motor vehicle accident claim but your lawyer will do their best to create an argument that will support your claim to the maximum amount of compensation Your lawyer will negotiate with the insurance companies to reach an acceptable settlement that will address your current and future financial requirements 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 witness statements and expert opinions You will also be asked to tell your version of the events The trauma of an accident can interfere with your ability to remember details but we will be patient and kind Our aim is to help you to recall as much information as we can to be able to present strong arguments on your behalf Your lawyer could seek a settlement at this point but it is not always possible If you cant reach an agreement the case will be tried It could be a trial before either a jury or a judge or both depending on the jurisdiction in which you reside A lawsuit can be expensive Insurance companies are often required to cover the expenses of an attorney investigator or other experts For this reason most parties would like to settle their claims as quickly as possible A settlement will save both parties time and money and conclude the case This is the reason why personal injury lawyers typically operate on a contingency basis and are not paid until they resolve your case The same goes for plaintiffs who want to move on from the incident and its consequences Statute of limitations In every lawsuit there is a time limit for filing the case called the statute of limitations Failure to file a lawsuit within an proper time frame could halt your claim meaning you are not able to claim compensation the damages you suffered An experienced attorney can determine the precise time limits for your case For instance when it comes to car accidents the law requires that you submit your claim within three years of the date of your crash However there are a few exceptions that may affect your statute of limitations For example the deadline can be tolled stopped under certain circumstances such as when you are minor or if the accident involves an agency of the government In certain circumstances there could be a provision that will tollerate the statute of limitations in cases where the state of mind of the victim at the time of the accident is uncertain Additionally the statute of limitations may be extended during the discovery process when your attorney requests information from the defendant and his or her lawyers through written questions known as interrogatories or through a formal deposition or testimonies A personal injury lawyer will help ensure that your case is filed in a timely manner and you are capable of obtaining the evidence you require to have a strong defense Many accidents require an investigation which takes time Evidence can also change with time Defenses In any lawsuit that involves the accident of a motor vehicle there are numerous defenses to be brought up These include legal and factual arguments Some of these legal defenses could be based upon procedural issues like failure to meet the deadline for filing while others could be based on the merits of a particular case Comparative negligence is an important factual defense This is a legal defense which asserts that the injured person who filed the claim should be held partly accountable for the injuries or damages theyve sustained The validity of this argument is contingent on the state law Most states have adopted some kind of law governing comparative negligence Defendants can also rely on the defense of assumption of risk to try and strip plaintiffs of their right to compensation The argument is that the injured party assumed the risk of injury when taking part in an activity such as exercising in a gym or participating in sports This is a valid argument however experienced lawyers know the best method to resolve it Another defense that is often used is that the victim was not able to limit their damages If a plaintiff claims the loss of earnings as a part of the overall damages the defendant may argue that the victim should have taken the necessary steps to finding work even if this would not have made the claimant whole
