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Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial losses can be beyond their no-fault insurance coverage. A motor vehicle lawsuit could be the most appropriate option in this case.

The process of filing a lawsuit begins with your attorney sending the defendant a complaint. The defendant has the opportunity to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate the physical, financial and other personal injuries caused by the negligent acts of another party. In most states the tort liability system is employed. This means that the person responsible for the accident is required to compensate the victim for their losses. Twelve states also have no-fault laws for insurance, which require car owners to have their own insurance to protect themselves from injuries they cause to others.

In the beginning of the legal process your attorney will conduct a pre-suit probe to determine liable parties and the possible options for action. This is referred to as discovery. It involves exchanging documents with your adversaries and requesting information. Remember that your opponent is trying to settle this matter for as little as is possible. It could take some time before you get an offer of an acceptable settlement.

The amount of damages you'll receive in a car accident lawsuit will depend on the severity of your injury and the extent of your property damage. Your lawyer will help you calculate the value of your claim by adding the medical expenses you incur, including any projected or future costs, and evaluating the amount of damage to your property.

It is not always easy to determine the value of a motor vehicle accident attorney vehicle crash claim, but your lawyer will diligently build an argument that will support your claim to the maximum amount of compensation. Your lawyer will work with insurance companies to come up with a fair solution which addresses your current and future financial needs.

Liability

During the first discovery phase of your case, your attorney will begin exchanging information with the insurance company of your adversary. This will include documents such accident reports, medical records and witness statements.

You will also share your version of what happened. The trauma of an accident may affect your ability to recall specific details, but we will be patient and understanding. Our goal is to assist you in remember as much information as you can in order to make an argument on your behalf.

At this point, your lawyer will most likely reach a settlement. However, it is not always possible. If no agreement is reached, your case will move to trial. This could be a bench trial front of a judge or jury, based on the jurisdiction.

The cost of a lawsuit can be substantial. Insurance companies are often required to pay the costs of an attorney investigator, or other experts. In this way, the majority of parties are looking to settle their claims as swiftly as possible. A settlement can save both parties time and money and make the claim more streamlined. This is one of the main reasons why personal injury lawyers generally operate on a contingency basis and do not get paid until they are able to settle your case. Equally, plaintiffs wish to move on from the injury and its aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing an action. If you don't submit your lawsuit within the specified timeframe, your claim will be deemed barred. This means that you will not be able to claim compensation for your injuries. An experienced lawyer can establish the specific time limits for your particular case.

For example in the case of car accidents the law requires you file your claim within three years of the date of the crash. However, there are a few exceptions that may affect the time limit for filing a claim. The deadline may be extended in certain situations like if you are a minor and the accident involves an agency of the government.

In certain cases there could be a provision tolling the statute of limitations in cases where the victim's mental state at the time of an accident is in doubt. The statute of limitation could also be tolled when your attorney asks the lawyer of the defendant and the defendant to provide information via written interrogatories, or formal depositions.

A personal injury lawyer can help ensure that your legal case is filed on time and that you have the evidence you need for a strong defense. Many wrecks need an investigation, which can take time. Furthermore, evidence found on the ground is susceptible to deterioration over time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. They comprise both factual and legal arguments. Some legal defenses are based on procedural considerations for example, inability to satisfy the statute of limitations. Others could be based solely on the merits.

Comparative negligence is a typical factual defense. This is a legal claim that claims that the person who files the claim should be held partly responsible for the damages or injuries they have sustained. If this is an appropriate argument will depend on the law of the state. Most states have a form of comparative negligence law.

Defendants can also rely on the defense of assumption of risk to try and take away plaintiffs' rights to compensation. The argument is that the injured party was at risk of injury through taking part in an activity, like working out in a gym or participating in sports. This is a valid argument, however experienced attorneys know the best way to defeat it.

Another defense that is often used is that the victim failed to mitigate their damages. For instance, if a person is making a loss-of-income claim as part of their total damages, the defendant can claim that the victim should have taken steps to find a job even if it could not have compensated them fully.