A motor vehicle accident (MVA) lawsuit is an occurrence involving a motor vehicle that results in damage to a property or injury to an individual. Motor vehicle accident lawsuit aims to achieve justice for the victims and provide financial relief proportional to the loss suffered. This involves filing a lawsuit against the victim’s insurer to ensure that all losses are adequately covered.

Significance of Motor Vehicle Accident (MVA) Lawsuits

Motor Vehicle Accidents are frightening and leave both parties vulnerable to the situation as well as to the idea of life. That is why when you are in a motor vehicle accident, you think about all the possible steps that can be taken to compensate for the worry and loss. So, in many motor vehicle accidents filing a personal injury lawsuit is the only step.

Vehicle Description

The Application for Duplicate OHV Registration Decal must include a complete description of the Off-Highway vehicle; including the year, make, model, and type. The vehicle description is important for a Motor Vehicle Accident lawsuit as it provides information to determine fault, calculate damage, and interrogate the accident. The vehicle description is as follows:

• Date maintenance performed
• Enter the year, make, model, and body type.
• Federal certification label and emission label.
• The description must include the vehicle’s identification number, year, make, type, model, and odometer reading.
• Owner’s information: Must have the name and address of the person who has the vehicle at the time of inspection.
• Vehicles should reported with a vehicle description, manufacturer, model, vehicle identification number (VIN), cost, and year required.
• Vehicle Identification Number: Enter the complete vehicle identification number as it appears on the off-highway vehicle.

Basic Steps of Motor Vehicle Accident Lawsuit: 

• Gathering Evidence:
  Taking photos and videos of the scene, damage to the cars involved, skid marks on the road, traffic controls, weather and road conditions, and visible injuries sustained. Also, exchange your insurance information with the other driver(s) and get the information of any eyewitnesses. These steps are crucial for recovering your medical expenses.

• Disclose the Crash to the Authorities:
  Call 911 and report the motor vehicle accident to the authorities. Contact law enforcement directly if no one requires medical assistance, or filing police reports with the relevant authorities. Police who respond to the car accident scene may ask you to provide a statement. Only relay the facts as you remember them. Do not exaggerate or guess any details about the crash. You can tell the officer, “I don’t remember,” if you cannot recall a detail about the accident.

• Notify Your Insurer:
  Report to your auto insurance provider promptly after the accident. Suppose you fail to report to your insurer. In that case, it may jeopardize your right to coverage under your insurance policy and limit your ability to recover compensation under your insurance coverages, including uninsured or underinsured motorist coverage. 

• Seek Medical Attention:
  Seek immediate medical attention from the paramedics at the accident scene or going to the hospital. This way your injury would treated properly and documented.

• Follow Your Treatment Plan:
  You must follow the plan given by your doctor or your motor vehicle injuries. Putting off treatment or ending it early minimizes your compensation in your motor vehicle accident lawsuit. 

• Gather Financial Documents:
  Make sure to safely keep all the bills, invoices, and receipts of your expenses that you can incur due to the motor vehicle accident, not forgetting medical treatment and vehicle repairs. 

• Request a Copy of Your crash report.
  Contact the law enforcement agency that responded to the crash to request a copy of the crash report. You can also request a copy of the crash report of the other drivers involved in the accident. This will help you in making your claim more vital.

• Work with Expert Witnesses:
  Your motor vehicle accident lawyer can bring in expert witnesses to help you prepare a case for your motor vehicle accident lawsuit. Accident reconstruction or automotive engineering experts can explain who or what caused the accident. Meanwhile, medical experts can explain your injuries, prognosis, and future medical needs. Vocational experts can help explain how your injuries and disabilities can limit your work, and financial experts can help calculate your future loss of earnings. Expert reports and testimony can strengthen your case and facilitate a fair and full settlement with the insurance company.

Filing a Motor Vehicle Accident (MVA) Lawsuit Settlement:

A lawsuit begins when you file a complaint with the trial court. By filing a suit, you become the plaintiff, while the party or parties you file your lawsuit against become defendants. Your complaint states your allegations against the defendant or defendants and requests relief from the trial court, usually financial compensation.

The main process for filing your Motor Vehicle Accidents (MVA) Lawsuit is as follows:

Discovery:

Following the pleadings stage, the parties engage in the discovery process. In this process, both parties exchange documents, information, and other evidence they possess, in addition to taking witness depositions. This process narrows the issues in the dispute by uncovering all evidence and identifying all uncontested facts.

Motion Practice:

Parties can file motions during and after discovery. Pretrial motions include requests to admit or exclude evidence. The parties may also file motions for judgment in their favor based on the facts uncovered in discovery. Parties involved in motor vehicle accident lawsuits often continue settlement negotiations during discovery and motion practices.

Trial:

A motor vehicle accident that is not solved through negotiations and settlements reaches the trial. A trial occurs before a jury, or if the parties choose, a judge who sits back as a fact-finder. During the trial, the parties present evidence and witnesses, cross-examine the opposing side’s evidence and witnesses, and present opening and closing statements to the judge or jury. The jury or judge will return the verdict ruling on the issues at trial. The trial judge or jury will then reduce the verdict to a judgment. 

Obtaining satisfaction for the judgment

A plaintiff in a motor vehicle accident lawsuit who wins the trial obtains a judgment they can enforce against the defendant or recover compensation. Usually, the losing defendant or their insurance company pays the compensation to the plaintiff. But if the defendant refuses to pay the compensation voluntarily, the plaintiff has to return to the court to execute judgment against the defendant. The court sheriff can seize and sell these assets. Once the plaintiff is fully paid, they find satisfaction in judgment when the court closes the case. 

Appeal:

Either party who believes that some legal errors occurred during the trial process can file an appeal of the verdict or the judgment. An appellate court that grants an appeal may award relief such as modifying the judgment, reversal of pretrial orders, or an order for a new trial.

The Claim Process for Motor Vehicle Accident Lawsuit:

Motor Vehicle Accident claims with you or your attorney notifying the responsible party’s insurer that an accident claim has been presented to the court. Your attorney monitors your medical progress and obtains documents i.e. traffic accident report, estimation of property damage, photographs of the motor vehicles involved in the accident as well as the accident scene, records of your wage, medical reports about your injuries and prognosis which helps them in predicting if there is going to be a full recovery or if there is a chance of recurrence. If your health stabilizes in the period of negotiation or the time limitation is about to expire, your attorney presents a settlement demand. That demand may be for the defendant insured’s policy limits depending on the extent of your injury and also the liability limits acquired from the motor vehicle accident.

The Litigation Process:

If your claim does not settle, you must file a lawsuit in the court that has authority. The discovery process begins once the claim is filed and the summons and complaint are directed toward the responsible party. It also includes the following: Service of interrogatories (written questions) and demand for production of documents.

• Deposition notices were served on the parties, witnesses, and experts.
• Defense or insurance medical examination.
• Requests to perform tests on vehicles.

The parties can try to resolve the case before the trials by submitting to try for mediation where a neutral party (attorney) listens to both sides with the provided evidence, asks each one to consider their weak and strong points, and sees if there is a possibility of reaching a middle ground between both parties. There is also an option of arbitration, binding and non-binding. Binding arbitration is held either before one arbitrator or a panel of arbitrators in larger cases, such as where a product defect may have been a factor in the car accident, and the process is more like a trial with the arbitrators generally retired judges. A non-binding process is helpful in that a mini-trial can be held with an arbitrator ruling on the evidence presented and issuing an award or non-award, which either party may reject and proceed to trial. 

How does a motor vehicle accident lawyer/attorney help you with your lawsuit?
Having a motor vehicle accident (MVA) lawyer after an accident means having an experienced advocate who guides you through each step of the motor vehicle accident settlement process.