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motor vehicle accident law firms Vehicle Accident Lawsuit

In many cases, medical expenses and other financial expenses will exceed their insurance coverage that is no fault. This is where the possibility of a motor vehicle suit could come into play.

The process of filing suit starts with your lawyer sending an official complaint to the defendant. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for 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 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 cover any injuries they cause.

In the beginning of the legal process your attorney will conduct a pre-suit investigation to identify any potential defendants and the possible reasons for action. This is known as discovery and involves transferring documents and seeking information from your adversary. It is important to remember that your adversary is trying to settle this dispute for the smallest amount possible, therefore it may be a while before you receive an acceptable settlement offer.

The amount of the damages you will receive in a car accident lawsuit will depend on the severity of your injuries as well as the amount of property damage. Your lawyer will be able to help you calculate the value of your claim by adding up your medical expenses, including any projected or future expenses, and assessing the amount of damage to your property.

It's not always simple to determine the worth of a motor vehicle accident claim, but your lawyer will do their best to create an argument that will support your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with an equitable settlement that takes into account your present and future financial requirements.

Liability

In the initial discovery phase of your case, your attorney will begin sharing information with your adversary's insurance company. This includes documents like accident reports and medical records, witness statements, and expert opinions.

You will also be asked to tell your version of the events. The trauma of an accident can interfere with your ability to remember details, but we will be patient and kind. Our goal is to assist you in to recall as much information as possible in order to make strong arguments on your behalf.

At this point your lawyer will likely negotiate a settlement. However, it's not always possible. If no agreement is reached, the case will go to trial. It could be the trial of the jury, a judge or both, depending on the jurisdiction in which you reside.

The cost of a lawsuit may be high. Insurance companies are typically required to pay for costs of an attorney investigator, or other experts. For this reason, most parties would like to settle their claims as swiftly as they can. Settlement will finish a claim on both parties and save both time and money. This is one of the main reasons that personal injury lawyers usually operate on a contingency fee and are not paid until they resolve your case. Plaintiffs will also want to move past the incident and its aftermath.

Statute of limitations

In every lawsuit there is a specific time limit to file the case known as the statute of limitations. Failing to start a lawsuit within the appropriate time frame can bar your claim, which means you are not able to claim compensation for your injuries. A seasoned attorney will be able to identify the time limitations that apply to your case.

In car accident cases for instance the law requires you to file a claim within three years of the date of the accident. However, there are a few circumstances that can alter the time limit for filing a claim. The deadline may be tolled in certain circumstances for instance, if you are a minor and the accident involves an agency of the government.

There may also be a statute of limitation tolling option in certain instances in the event of doubt regarding the mental health of the victim at the time of the accident. Additionally, the statute of limitations may be extended during the discovery process when your attorney seeks information from the defendant and his or her lawyers in written questions called interrogatories or by way of formal testimonies known as depositions.

A personal injury lawyer can help ensure that your legal case is filed in time and that you have the evidence you require for a strong defense. Many wrecks require an investigation, which can take time. Physical evidence can also deteriorate with time.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These are both factual and legal arguments. Some legal defenses are based on procedural concerns for example, inability to satisfy the statute of limitations. Others may be based solely on the merits.

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

Defense lawyers often also use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This is the theory that the injured party accepted the risk of injury when they participated in an activity, such as exercising at a gym or playing sports. This is a valid argument, however experienced attorneys know the best way to defeat it.

Another common defense is that the person who suffered injury was not able to limit their damages. If someone asserts the loss of earnings as a part of the overall damages, the defendant may argue that the victim should have taken steps toward finding work, even if this would not have made the claimant whole.