mamaroneck motor vehicle accident lawyer Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other economic losses can be beyond their insurance's no-fault coverage. This is where a motor vehicle lawsuit could be a factor.

The process of filing a lawsuit starts with your attorney submitting to the defendant a notice. The defendant is given the chance to respond to your complaint.

Damages

In a lawsuit involving a motor vehicle accident Law Firm accident, damages are awarded to compensate for the financial, physical and other personal injuries resulted from the negligence of another party. Most states follow the tort liability system which means that the party who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault law, which oblige car owners to carry their own insurance in order to cover the injuries they cause to others.

In the initial stage of the legal process, your attorney will conduct a pre-suit investigation to identify potential liable parties and possible options for action. This is known as discovery and involves exchanging documents with your adversaries and requesting details. Be aware that your adversary is attempting to settle this case with as little as they can. It could take a bit of time before you get an offer of a fair settlement.

The amount of the damages you will receive in a lawsuit for car accidents will depend on the extent of your injury as well as the extent of your property damage. Your lawyer can assist you determine the value of your claim by adding in your medical expenses as well as any future or anticipated costs.

It can be difficult to determine the value of a motor accident claim. But, your attorney will work hard to support your claim and ensure you receive the maximum amount of money. Your lawyer will negotiate with insurance companies to come up with an acceptable settlement that will address your present and future financial requirements.

Liability

During the initial discovery phase of your case, your attorney will begin sharing details with your adversary's insurance company. This will include documents like accident reports and medical records, as well as witness 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 impedes your ability recall details. Our goal is to help you recall as much as you can so we can present a convincing argument for your claim.

At this point your lawyer will likely seek a settlement. However, it is not always possible. If you fail to reach an agreement, your case will be argued. This could be a bench trial before a judge or jury, based on the jurisdiction.

A lawsuit can be expensive. Insurance companies are often required to pay for expenses of an attorney, investigator, or other experts. The majority of parties wish to settle claims as quickly and efficiently as possible. Settlements can make a claim void for both sides and save everyone time and money. Personal injury lawyers typically are paid on a contingency fee and are not paid until the case is settled. Similarly, plaintiffs will desire to move past the accident and its repercussions.

Statute of Limitations

In every lawsuit, there is a time limit for filing the case known as the statute of limitations. Failing to file a lawsuit within an proper time frame could halt your claim, which means you are not able to claim compensation the damages you suffered. An experienced attorney can help you determine the specific time limits for your case.

In cases involving car accidents, for example, the law requires you to file a claim within three years of the date of the incident. There are some exceptions to the statute of limitations. The deadline may be extended in certain circumstances like if you are a minor motor Vehicle Accident law firm and the accident involves an agency of the government.

In some cases, there may be a provision tolling the statute of limitations when the victim's mental state at the time of an accident is in doubt. Additionally the statute of limitation can be extended during the process of discovery when your attorney seeks information from the defendant and his or her lawyers through written questions known as interrogatories or via formal testimonies, also known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have the evidence required for a strong defense. Many accidents require an investigation which can take time. The physical evidence can also degrade as time passes.

Defenses

There are a range of defenses that can be raised in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some of these defenses to law could be based upon procedural issues like a failure to meet the deadline for filing, while others might be based on the merits of a specific case.

Comparative negligence is a common factual defense. This is a legal claim which asserts that the injured person who files the claim should be held partly responsible for the damages or injuries they've sustained. The validity of this argument will depend on the laws of the state. Most states have some form of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and deny plaintiffs their right to compensation. The argument is that the victim assumed the risk of injury when engaging in an activity like working out at a gym or playing sports. This is a valid argument, but skilled lawyers know the best way to overcome it.

Another defense that may be used is that the person who was injured did not adequately compensate for their losses. For example, if a person is making a loss of earnings claim as part of their overall damages, the defendant could argue that the injured party should have taken the necessary steps to find work, even if it would not have compensated them fully.