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Motor Vehicle Accident Lawsuit In many cases, the medical expenses and other economic losses a person suffers will exceed their no-fault coverage. This is where a motor vehicle lawsuit may play a role. The procedure of filing suit begins with the lawyer submitting an official complaint to the defendant. The defendant then has the chance to respond to the complaint. Damages In a motor vehicle accident lawsuit, damages are awarded to pay for the financial, physical and other personal injuries caused by the negligent acts of another party. Most states follow a tort liability system which means that the party responsible for the incident must pay compensation to the victim for his or her losses. Twelve states also follow no-fault insurance laws, which require car owners to carry their own insurance to protect themselves from injuries they cause to others. Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible liable parties and potential causes of the action. This is known as discovery and involves exchanging documents with your adversary and seeking details. It is crucial to keep in mind that your adversary is trying to resolve this dispute for the smallest amount possible, so it could take some time before you receive an acceptable settlement offer. The amount of damage you receive from a car accident lawsuit depends on the severity of the injuries and the extent to which your property has been damaged. Your lawyer will assist you in calculating the value of your claim by adding up the medical expenses you incur, including any projected or future costs, and evaluating the severity of your property damage. It's not always easy to assess the value of a motor vehicle crash claim, but your attorney will diligently build a strong case that supports your claim to the maximum amount of compensation. Your lawyer will discuss with insurance companies to come up with a fair solution that meets your current and future financial requirements. Liability During the initial discovery stage of your case, your lawyer will begin exchanging information with the insurance company of your adversary. This will include documents like accident reports, medical records, and witness statements. You will also provide your version of what transpired. The stress of an accident can affect your ability to recall specific details, but we will be patient and kind. Our goal is to assist you recall as much as is possible so that we can present a convincing argument for your damages. Your lawyer will likely negotiate a settlement at this stage, but it's not always feasible. If you cannot reach an agreement, your case will be argued. It could be a trial before jurors, judges or both, depending on the jurisdiction in which you reside. The cost of a lawsuit could be very high. Often, the insurers will have to pay for the cost of the lawyer and investigator as well as other experts. Most parties would like to settle claims as quickly and efficiently as they can. A settlement will save both parties time and money and conclude the case. Personal injury lawyers are usually paid on a contingency basis and won't be paid until your case is completed. The same goes for plaintiffs who wish to move on from the accident and its consequences. Statute of limitations In every lawsuit there is a time limit to file the case known as the statute of limitation. If you fail to file your lawsuit within the prescribed timeframe your claim will be barred. This means you won't be able to recover compensation for your injuries. An experienced attorney can help you determine the exact timeframe for your particular case. For instance when it comes to car accidents the law requires 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 extended (stopped) in certain situations like when you're an under-age person or if the incident involves a government agency. There may also be a statute of limitations tolling provision in some cases when there is doubt over the victim's mental state at the moment of the incident. Additionally, the statute of limitations may be extended during the discovery process in the event that your attorney demands information from the defendant and their lawyers through written questions, also known as interrogatories or by way of formal testimonies known as depositions. A personal injury lawyer can ensure that your legal claim is filed in time and that you have the evidence required for an effective defense. Many wrecks require an investigation, which can take time. In addition, physical evidence can deteriorate as time passes. Defenses In any lawsuit involving the accident of a motor vehicle there are a variety of defenses that can be brought up. These include legal and factual arguments. motor vehicle accident attorneys ofallon of these legal defenses could be based on procedural matters like the inability to meet the statute of limitations, while others could be based upon the merits of a particular case. Comparative negligence is an important factual defense. It is a legal argument that claims that the person who filed the claim should be held responsible for the damages or injuries they have sustained. The validity of this argument an acceptable argument will depend on the law of the state. Most states have some form of comparative negligence law. The defense of assumption is also used by defendants to deny plaintiffs their right to compensation. The argument is that the injured party was at risk of injury through taking part in an activity, like exercising at a gym or playing sports. This is a legitimate defense, however, experienced lawyers are adept at overcoming this argument. Another common defense that can be used is that the victim failed to mitigate their losses. If a person claims the loss of earnings as part of their overall damages, the defendant might argue that the victim ought to have taken steps towards finding work, even if this would not have made the claimant whole.