Mohits Recent Blog Post: Filing for a Lawsuit After a Car Accident

There are many things that simple precautions can help a person to avoid. Unfortunately, no matter how close a driver watches the road and drives responsibly, accidents can happen. These accidents can lead to minor injuries, serious injury or even death. For passengers in the vehicle and pedestrians, this can mean big medical expenses, care and long-term, loss of employment, and other dramatic lifestyle changes.

According to the U.S. Census, there were approximately 10 million traffic accidents in 2008. Of these accidents, 39,000 resulted in death. In Florida alone, there were nearly 3,000 accidents in that year. A survey by the National Highway Traffic Safety Administration found that of the motor vehicle accidents annually, 28% resulted in minor injury and 6% moderate as a result of serious injury.

Many drivers carry auto insurance policies, which can provide coverage for medical expenses and lost wages in the unfortunate event of an accident. However, when a person claims exceed insurance policy limits, the remaining costs are paid out of pocket. Legal fees, medical expenses, and vehicle repair costs can quickly eat the coverage of a person in a serious accident. When it is likely to happen, many car accident victims seek legal remedies to recover the compensation you feel you deserve.

Some states have their own rules regarding lawsuits. Drivers who live in these states have certain restrictions without guilt surrounding their claims and may only sue in situations. This may include a certain threshold at which the attorneys' fees and expenses must be before a lawsuit can be filed. In other states, the wounds must be severe enough to sustain a claim of liability.

If a person decides to file a lawsuit and has the representation of a car accident lawyer, still have a few more hurdles to overcome. First, we present a complaint with the local civil justice system. Note that some states have statutes of limitations, a threshold at which a victim may occur after an accident. For example, Florida has a limitation of 4 years after injury, property damage or a claim. After that period, would be extremely difficult if not impossible, to file a claim.

The person who files a claim and obtain compensation for damages is called the plaintiff. The other part, which caused or had a role in causing the accident, is the defendant. If the defendant is maintaining its own legal representation or an insurance company, have a set amount of time to respond to the allegations. We can admit, deny, or seek a counterclaim. In a counterclaim, the defendant claims that the plaintiff is partially or completely responsible for his injuries.

If the accused decides to deny the claims, there are several arguments that may arise. This includes, but is not limited to, the following statements:
• There was no negligence
• The plaintiff was the negligent party
• The plaintiff did not sufficiently prove its case
• The injuries are exaggerated or are not compensable

The case may proceed either on a bench or jury trial. In the bench trial, the judge determines that the laws apply to the situation which case the best evidence supports. Jury trials are among the best known. The judge remains responsible for the enforcement of laws that fit the situation, but the jury decides whether the facts support the claim.

If the victim or claimant is not being supported by your insurance company may choose to hire a car accident attorney. The benefit of a lawyer is that many are based on contingency fees. This means that customers are only charged a fee if in the case of cattle or a favorable settlement is reached. It is important to note that many cases are settled out of court, as this option can be less expensive and time consuming for the defendant. The agreement is usually a private matter and the details are not available to the public.

The car accident victims should carefully consider your legal options after an injury. This may mean understanding your state statute of limitations, traffic laws, and laws, while maintaining the services of a lawyer.

Mark A. Glassman is a Fort Lauderdale car accident attorney with over 17 years experience in the legal field. He has represented clients in a variety of other personal injury cases, including local accountability and manslaughter. Mark is a partner of Levine and Glassman, PA, a law firm based in Florida specializing in personal injury law.\

Artical source:-http://unused54175.typepad.com/blog/2011/11/filing-for-a-lawsuit-after-a-car-accident.html

Monday, November 28, 2011

Filing for a Lawsuit After a Car Accident

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