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Motor Vehicle Accident Lawsuit

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

The process of filing suit starts with your lawyer submitting a complaint to the defendant. The defendant is then given the chance to respond to the complaint.

Damages

In a motor vehicle accident attorneys vehicle accident lawsuit, damages are awarded to compensate the financial, physical and other personal injuries resulted from the negligence of a third party. In the majority of states, the tort liability system is in use. This means that the party who caused the accident has to compensate the victim for their losses. Twelve states have no-fault insurance which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the initial stage of the legal process, your attorney will conduct a pre-suit investigation to identify possible liable parties and potential legal remedies. This is known as discovery and involves exchanging documents and requesting information from your adversary. Remember that your opponent will try to settle the matter for as little as possible. It may take some time before you get an offer of an acceptable settlement.

The amount of damages you receive in a lawsuit arising from a car accident will depend on the seriousness of your injury as well as the amount of property damage. Your lawyer can help calculate the value the claim by adding up your medical expenses and any future or projected costs.

It isn't always easy to determine the value of a motor accident claim. However, your attorney will do their best to defend your claim and obtain maximum compensation. Your lawyer will negotiate with insurance companies to reach a fair settlement that meets 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 includes documents like accident reports and medical records, testimony statements, and expert opinions.

Also, you will provide your version of what transpired. The trauma of an accident could affect your ability to recall details, however we will be patient and compassionate. Our goal is to help recall as much information as we can in order to make strong arguments on your behalf.

Your lawyer will likely seek a settlement at this stage, but it's not always feasible. If you are unable to reach a settlement, your case will be tried. It could be an appeal before jurors, judges or both depending on the jurisdiction of your case.

The cost of a lawsuit may be high. Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts. For this reason, Motor Vehicle Accident Lawsuit most parties wish to settle their claims as quickly as they can. Settlements can end a case for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally work on a contingency basis and don't receive a payment until they are able to settle your case. Plaintiffs also want to move past the accident and the aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing a lawsuit. If you fail to submit your lawsuit within the prescribed time frame your claim will be deemed barred. This means you can't recover the damages you suffered. An experienced lawyer will be able determine the deadlines that apply to your case.

For instance in car accident cases the law requires that you file your claim within three years from the date of your crash. There are a few exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you're minor or if the incident involves a government agency.

In certain circumstances there could be a provision that will tollerate the statute of limitations in cases where the victim's state of mind at the time of an accident is unclear. Additionally, the statute of limitation can be tolled during the discovery process in the event that your attorney demands information from the defendant and his or her lawyers through written questions referred to as interrogatories or through a formal testimonies, also known as depositions.

A personal injury attorney can assist you in ensuring your case is filed promptly and that you're competent to gather the evidence that you need for a successful defense. Many accidents require an investigation, which can take time. Physical evidence may also become less reliable as time passes.

Defenses

There are a myriad of defenses that can be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these defenses to law could be based upon procedural issues such as failure to comply with the statute of limitations, whereas others could be based on the merits of a specific case.

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

Defendants often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the argument that the injured party took on the risk of injury when they took part in some activity, for example, exercising in a gym or playing sports. This is a valid argument, but skilled lawyers know the best method to defeat it.

Another defense that is often used is that the person who was injured did not take the necessary steps to reduce their losses. For example in the event that a person is making a loss of earnings claim as part of their total damages, the defendant might claim that the injured party should have taken steps to find a job even if it would not have paid for their entire loss.