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Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other losses of a person will surpass their no-fault insurance. A motor vehicle lawsuit may be the best option in this scenario.

The process of filing suit starts by sending an official complaint to the defendant. The defendant has the option to respond to your complaint.

Damages

In a motor vehicle accident lawsuit, damages are awarded to cover the financial, physical, and other personal injuries caused by the negligent acts of another party. In the majority of states the tort liability system is in use. This means that the party who caused the accident is liable to pay the victim for their losses. Twelve states also follow no-fault laws for insurance, 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 in order to identify any accountable parties and potential causes of action. This is known as discovery, and involves exchanging documents and requesting information from your adversaries. It is crucial to remember that your adversary is trying to settle this dispute for the smallest amount possible, therefore it could take some time before you receive a fair settlement offer.

The amount of damages that you are awarded in a lawsuit arising from a car accident is contingent on the severity of the injuries and the extent to which your property is damaged. The lawyer you hire can help determine the value of the claim by adding up your medical expenses and any future or anticipated expenses.

It is not always easy to determine the value of a motor vehicle crash claim, but your attorney will work diligently to build an argument that can support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to reach an acceptable settlement that will address your current and future financial requirements.

Liability

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

You will also be asked to give your own version of what happened. The trauma of an accident could hinder your ability to recall details, but we will be patient and kind. Our aim is to help you to recall as much information as we can so that we can make strong arguments on your behalf.

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

The cost of a lawsuit could be expensive. Insurance companies are often required to pay for costs of an attorney investigator, or other experts. This is why the majority of parties wish to resolve their claims as quickly as they can. Settlements can close a claim for both parties and save both time and money. Personal injury lawyers typically are paid on a contingency fee and won't be paid until the case is resolved. Plaintiffs will be looking to move on from the incident and the aftermath.

Statute of limitations

In every lawsuit there is a specific time limit for filing the case called the statute of limitations. If you fail to file your lawsuit within the specified time frame the claim will be denied. This means that you will not be able to claim compensation for the injuries you sustained. A knowledgeable attorney can determine the time frame for your case.

In cases involving car accidents, for example, the law requires you to file your claim within 3 years of date of the accident. However, there are several circumstances that can alter the time limit for filing a claim. The deadline may be extended in certain circumstances like when you are minor and the incident involves an agency of the government.

In certain cases, there may be a provision allowing the statute of limitations in cases where the condition of the victim at the time of the accident is uncertain. In addition the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and his or her lawyers through written questions, also known as interrogatories, or in formal deposition or testimonies.

A personal injury lawyer will help ensure that your case is filed in a timely manner and you are capable of obtaining the evidence that you need for an effective defense. Many wrecks require an investigation, which may take time. Additionally, evidence that is physical may degrade as time passes.

Defenses

There are a variety of defenses that can be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural questions, such as failure to comply with the statute of limitations. Others could be solely based on merits.

Comparative negligence is a popular factual defense. This is a legal defense which asserts that the party who is filing the claim should be held partly responsible for the injuries and damages they've suffered. The validity of this argument is contingent on the state law. Most states have adopted some kind of law governing comparative negligence.

Defendants often use the defense of assumption of risk to attempt to strip plaintiffs of their right to compensation. This argument states that the person who was injured took on the risk of injury by taking part in an activity, such as exercising at a gym or playing sports. This is a valid argument, but experienced lawyers know the best way to counter it.

Another common defense that can be used is that the person who was injured did not adequately compensate for their losses. For example when a person is making a loss-of-income claim as part of their overall damages, the defendant could claim that the victim should have taken the necessary steps to find work even if it would not have compensated them fully.