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Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial expenses will exceed their no-fault insurance coverage. A motor vehicle lawsuit may be the best choice in this instance.

The process of filing suit starts with the 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 lawsuit damages are awarded to cover the physical, financial and other personal injuries caused by the negligent acts of a third party. In the majority of states the tort liability system is employed. This means that the party who caused the incident is responsible to compensate the victim for their losses. Twelve states also follow no-fault laws for insurance, which require car owners to carry their own insurance to cover any injuries they cause to others.

In the initial stage of the legal process, your attorney will conduct a pre-suit inquiry to identify any potential defendants and possible options for action. This is known as discovery, and involves exchanging documents and requesting information from your adversary. Be aware that your adversary is trying to settle this case with as little as possible. It could take some time before you receive an offer of a fair settlement.

The amount of damages you are awarded in a lawsuit over a car accident will depend on the seriousness of your injury as well as the extent of your property damage. Your lawyer can help calculate the value your claim by adding in your medical expenses as well as any future or anticipated expenses.

It is not always easy to judge the value of a motor vehicle accident law firms vehicle accident claim, but your lawyer will work diligently to build an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to come up with an equitable settlement that meets your financial and future requirements.

Liability

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

You will also provide your account of what happened. The stress of an accident can hinder your ability to recall details, however we will be patient and kind. Our goal is to assist you recall as much as possible so we can present a strong argument for your claim.

At this moment your lawyer will most likely come to an agreement. However, it's not always possible. If no agreement is reached, your case will be taken to trial. This could be a bench trial before a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are usually required to pay for costs of an attorney, investigator, or other experts. Most parties would like to settle claims as quickly and efficiently as is possible. A settlement can close a claim for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency fee and will not be paid until the case is concluded. Plaintiffs will also want to move on from the accident and the aftermath.

Statute of Limitations

In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitations. If you don't submit your lawsuit within the specified time frame your claim will be barred. This means you can't recover for your injuries. An experienced attorney can determine the time frame for your case.

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

In certain cases, there may be a provision allowing the statute of limitations when the state of mind of the victim at the time of an accident is unclear. Additionally, the statute of limitations could be extended during the process of discovery when your attorney seeks information from the defendant and their lawyers through written questions, also known as interrogatories, or in formal deposition or testimonies.

A personal injury lawyer can ensure that your legal case is filed in time and that you have access to the evidence you need for an effective defense. Many accidents require an investigation that can take a long time. Additionally, evidence that is physical can deteriorate as time passes.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. These include both legal and factual arguments. Some of these legal defenses may be based on procedural matters like failure to meet the statute of limitations, while others could be based on the merits of a specific case.

The concept of comparative negligence is a common factual defense. It is a legal argument which asserts that the injured person who files the claim should be held partially accountable for the injuries or damages they've suffered. If this is a valid argument will depend on the state's law. The majority of states have adopted a type of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to try and deny plaintiffs their right to compensation. This is the argument that an injured party assumed the risk of injury if they participated in an activity, such as exercising in a gym or playing a sport. This is a valid argument, but experienced lawyers know the best method to defeat it.

Another common defense that could be used is that the victim failed to mitigate their losses. For example, if a person is filing a loss of earnings claim as part of their overall damages, the defendant could claim that the injured party should have taken steps to find a job even if it would not have been enough to make them whole.