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Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other financial damages will be more than their no-fault insurance coverage. This is where a motor vehicle lawsuit may come into play.

The process of filing a lawsuit starts with your attorney submitting the defendant a notice. 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 negligent actions of another party. The majority of states have a tort liability system, which means that the person who caused the accident has to compensate the victim for his or her losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit in order to identify possible responsible parties and possible causes of the action. This is known as discovery and it involves exchanging documents and requesting information from your adversaries. It is important to remember that your adversary is trying to resolve this matter for the lowest amount possible, so it could take some time before you receive a fair settlement offer.

The amount of the damages you will receive in a car accident lawsuit will depend on the seriousness of your injuries and the extent of the damage to your property. Your lawyer can assist you calculate the value the claim by adding up your medical expenses as well as any projected or future expenses.

It can be a challenge to determine the value of a motor vehicle accident attorneys accident claim. However, your lawyer will do everything to help your claim and obtain maximum compensation. Your lawyer will negotiate with insurance companies to achieve a fair resolution that addresses your current and future financial requirements.

Liability

In the initial discovery phase of your case, your lawyer will begin to share information with your adversary's insurance company. This will include documents like accident reports, medical records, and witness statements.

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

Your lawyer will likely come to a settlement by this stage, but it's not always feasible. If an agreement is not reached, your case will move to trial. It could be an in-person trial before the jury, a judge or both depending on the jurisdiction of your case.

A lawsuit can be expensive. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. The majority of parties want to settle claims as quickly and efficiently as they can. Settlements will save both parties time and money and close the claim. This is one of the reasons that personal injury lawyers usually operate on a contingency basis and don't receive a payment until they settle your case. Plaintiffs also want to move on from the accident and the aftermath.

Statute of Limitations

In every lawsuit, there is a time limit for filing the case known as the statute of limitation. If you fail to submit your lawsuit within the stipulated time frame your claim will be barred. This means you can't recover for your injuries. An experienced attorney will be able to identify the timeframes applicable to your case.

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

There could also be a statute of limitations tolling option in certain instances when there is doubt about the mental health of the victim at the moment of the incident. The statute of limitations could also be tolled when your attorney requests the lawyer for the defendant and the defendant for details through written questions known as interrogatories or formal depositions.

A personal injury lawyer can help you ensure that your case is handled in a timely manner and that you are able to access the evidence you require for an effective defense. Many accidents require an investigation, which takes time. Physical evidence may also become less reliable over time.

Defenses

There are a variety of defenses available in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural issues like inability to satisfy the statute of limitations. Others may be solely based on merits.

The concept of comparative negligence is a common factual defense. This is a legal defense which claims that the injured person who is filing the claim should be held partially accountable for the injuries and damages they've suffered. Whether or not this is an acceptable argument will depend on the law of the state. Many states have enacted a type of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This is the argument that the injured party accepted the risk of injury when they participated in an activity, like exercising at a gym or playing an athletic game. This is a valid argument, but highly experienced attorneys know the best way to counter it.

Another common defense is that the person who suffered injury failed to minimize their losses. If someone asserts losses in earnings as part of the overall damages, the defendant can argue that the injured party should have taken the necessary steps to finding work, even though this would not have made the claimant whole.