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Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial damages will be more than the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit could play a role.

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

Damages

In a motor vehicle accident lawsuit, damages are awarded to compensate for the financial, physical, and other personal injuries caused by the negligence of a third party. The majority of states use the tort liability system which means that the party who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault law, which require car owners to carry their own insurance to cover injuries they cause to others.

In the first phase of the legal process your lawyer will conduct a pre-suit inquiry to identify potential liable parties and potential reasons for action. This process is known as discovery. It involves exchanging documents with your adversaries and seeking details. Be aware that your adversary is trying to settle this case for as little money as possible. It could take a bit of time before you receive an offer of an acceptable settlement.

The amount of damages that you will receive in a car accident lawsuit depends on the severity of the injury and the extent to which your property is damaged. Your lawyer can help you calculate the value of your claim by adding up your medical expenses, which includes any projected or future costs, and assessing the severity of your property damage.

It's not always straightforward to determine the worth of a motor vehicle crash claim, but your attorney will diligently build an argument that will 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

During the initial discovery phase of your case, your attorney will begin sharing information with the insurance company of your adversary. This will include documents such as accident reports, medical records, witness statements, as well as expert opinions.

You will also be asked to give your version of the events. The trauma of an accident could hinder your ability to recall specific details, but we will be patient and understanding. Our goal is to help you recall as much as is possible so that we can build a strong case for your damages.

At this moment your lawyer will most likely seek an agreement. However, it is not always possible. If a settlement isn't reached, your case will be brought to trial. This could be a bench trial in front of a judge, or a jury, depending on the jurisdiction.

The cost of a lawsuit could be very high. Insurance companies are often required to pay for expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as swiftly and efficiently as is possible. A settlement will make a claim void 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 your case is settled. Plaintiffs also want to move on from the incident and the aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing an action. If you fail to submit your lawsuit within the given time frame the claim will be deemed barred. This means you won't be able to recover compensation any compensation for your injuries. An experienced lawyer will be able determine the time limits for your particular case.

For example in car accident cases, the law requires that you file your claim within three years from the date of your accident. There are some exceptions to the statute of limitations. The deadline can be extended in certain circumstances like when you are a minor and the accident involves an agency of the government.

In some cases there could be a provision tolling the statute of limitations when the state of mind of the victim at the time of the accident is uncertain. Additionally the statute of limitations can be tolled during the discovery process in the event that your attorney demands information from the defendant and their lawyers through written questions known as interrogatories or via formal deposition or testimonies.

A personal injury attorney can assist you in ensuring that your case is handled promptly and that you are able to access the evidence you require to be able to defend yourself effectively. Many accidents require an investigation, which takes time. The physical evidence can also degrade with time.

Defenses

There are a variety of defenses that can be argued in any motor vehicle accident lawsuit. They are both factual and Motor Vehicle Accident Lawsuit legal arguments. Some legal defenses are based on procedural issues like failure to comply with the statute of limitations. Others may be based solely on the merits.

Comparative negligence is a typical factual defense. This is a legal argument which claims that the injured person who filed the claim should be held accountable for the injuries or damages they have sustained. The validity of this argument will depend on the law of the state. Many states have enacted a kind of law governing comparative negligence.

The defense of assumption is also used by defendants to deny plaintiffs their right to a compensation. This is the argument that an injured party assumed the risk of injury if they participated in some activity, for example, working out at a gym, or playing an athletic game. This is a legitimate defense, however, highly experienced lawyers are adept at overcoming this argument.

Another defense that may be used is that the person who was injured did not take the necessary steps to reduce their losses. For example, if a person is making a loss of earnings claim as part of their total damages, the defendant may claim that the victim should have taken steps to find a job even if it would not have been enough to make them whole.