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Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial losses will go beyond their insurance coverage that is no fault. This is where a motor vehicle lawsuit might come into play.

The process of filing a lawsuit starts with your attorney submitting to the defendant a lawsuit. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the financial, physical and any other personal injury caused by the negligence of another party. In the majority of states the tort liability system is used. This means that the party who caused the accident has to compensate the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to pay for any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to determine responsible parties and possible causes of action. This is known as discovery and involves exchanging documents with your adversaries and seeking information. It is crucial to remember 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 damages you receive in a car accident lawsuit will depend on the extent of your injury and the amount of property damage. Your lawyer will be able to help you calculate the value of your claim by adding your medical expenses, which includes any future or projected expenses, and assessing the amount of damage to your property.

It is not always easy to determine the worth of a motor vehicle crash claim, but your attorney will work diligently to build an argument that can support your claim for maximum compensation. Your lawyer will engage with insurance companies in order to reach a fair settlement that meets your current and future financial needs.

Liability

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

You will also share your account of what transpired. We will be patient with you when the trauma of an accident impedes your ability to recall information. Our aim is to help you recall as much information as possible so that we can make strong arguments on your behalf.

Your lawyer is likely to negotiate a settlement at this stage, but it's not always possible. If you fail to reach a settlement, your case will be decided. It could be an in-person trial before either a jury or a judge or both depending on the jurisdiction you are in.

The cost of a lawsuit may be substantial. In most cases, the insurance companies will have to cover the costs of the lawyer as well as the investigator and other experts. Most parties want to settle claims as fast and efficiently as they can. A settlement can save both parties time and money and conclude the case. This is the reason why personal injury lawyers typically operate on a contingency fee and are not paid until they are able to settle your case. Plaintiffs also want to move on from the accident and the aftermath.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit. Failing to start a lawsuit within the appropriate timeframe can halt your claim, meaning that you will not be able to recover compensation the damages you suffered. An experienced attorney will be able to determine the deadlines applicable to your particular case.

In the case of car accidents, for example, the law obliges you to file your claim within 3 years of the date of the accident. However, there are a few exceptions that may affect your statute of limitations. For instance, the deadline could be tolled (stopped) in certain circumstances like when you're an under-age person or if the accident involves the services of a government agency.

In certain circumstances there could be a provision tolling the statute of limitations if the victim's state of mind at the time of the accident is unclear. In addition, the statute of limitations may be extended during the discovery process in the event that your attorney demands information from the defendant and his or her lawyers in written questions called interrogatories or through a formal testimonies, also known as depositions.

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 investigation which can take time. Evidence can also change as time passes.

Defenses

There are a range 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 concerns like failure to comply with the statute of limitations. Others may be solely based on merits.

Comparative negligence is a crucial factual defense. It is a legal argument that claims that the person who files the claim should be held partially accountable for the harm or injuries they've suffered. Whether or not this is an appropriate argument will depend on the state's law. The majority of states have adopted a form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs their right to a fair settlement. The argument is that the victim assumed the risk of injury when taking part in an activity, like exercising at a gym or playing sports. This is a valid argument, but skilled lawyers know the best method to overcome it.

Another defense that is often used is that the person who was injured was not able to limit their damages. If a plaintiff claims a loss in earnings as a component of damages, the defendant may argue that the victim ought to have taken steps towards finding work, even though this would not have made the claimant whole.