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Motor Vehicle Accident Lawsuit

In many instances, the medical expenses and other economic expenses of a person could exceed their no-fault coverage. This is where a motor vehicle lawsuit might be involved.

The process of filing suit starts with your lawyer submitting a 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 compensate for the financial, physical and any other personal injury caused by the negligence of another party. The majority of states use the tort liability system which means that the person responsible for the incident must pay compensation to the victim for his or her losses. Twelve states also have no-fault laws for insurance, which require car owners to carry their own insurance to protect themselves from injuries they cause to others.

In the first phase of the legal process, your attorney will conduct a pre-suit probe to identify possible liable parties and possible causes of action. This is known as discovery, and it involves exchanging papers and requesting information from your adversaries. It is important to remember that your adversary is trying to settle this matter for the lowest amount possible, therefore it could take some time before you receive an acceptable settlement offer.

The amount of the damages you will receive in a car accident lawsuit will depend on the seriousness of your injury and the extent of your property damage. Your lawyer will help you calculate the value of your claim by adding up the medical expenses you incur, including any future or anticipated costs, as well as assessing the extent of your property damage.

It's not always easy to assess the value of a motor vehicle accident claim, but your lawyer will diligently build an argument that can support your claim for the most compensation. Your lawyer will negotiate with insurance companies to come up with a fair solution 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 will include documents such accident reports, medical records and witness statements.

You will also provide your version of what transpired. The trauma of an accident may impair your ability recall specific details, but we will be patient and compassionate. Our goal is to help you recall as much as is possible so that we can make a convincing case for your injuries.

At this moment, your lawyer will most likely come to a settlement. However, it is not always possible. If you can't reach a settlement, your case will be decided. This could be a bench trial in front of a judge, or a jury, depending on the jurisdiction.

The cost of a lawsuit may be substantial. Insurance companies are often required to pay the costs of an attorney investigator, or any other expert. This is why the majority of parties would like to settle their claims as swiftly as they can. A settlement will save both parties time and money as well as make the claim more streamlined. Personal injury lawyers typically are paid on a contingency fee and won't be paid until the case has been completed. Plaintiffs also want to move on from the incident and its aftermath.

Statute of Limitations

In every lawsuit there is a deadline or limit to file the case known as the statute of limitations. Failure to file a lawsuit within the period of time allowed can invalidate your claim, which means you will not be able to recover compensation the damages you suffered. An experienced attorney can determine the exact timeframe for your case.

For example in car accident cases the law requires you file your claim within three years of the date of your crash. There are some exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain circumstances like when you're a minor or when the accident involves the services of a government agency.

There may 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 accident. In addition, the statute of limitation can be extended during the process of discovery in the event that your attorney demands information from the defendant and his or her lawyers through written questions known as interrogatories or by way of formal testimonies, also known as depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have the evidence required for an effective defense. Many wrecks require an investigation, which can take time. The physical evidence can also degrade over time.

Defenses

There are a range of defenses available in any motor vehicle accident law firm vehicle accident lawsuit. These include factual and legal arguments. Some of these legal defenses may be based on procedural issues like failure to meet the statute of limitations, whereas others might be based on the merits of a particular case.

Comparative negligence is a common factual defense. This is a legal defense which asserts that the person who filed the claim should be held partly accountable for the damage and injuries they have suffered. The validity of this argument will be contingent on the state law. Most states have adopted some form of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation. The argument is that the victim assumed the risk of injury when participating in a sport such as exercising at a gym or playing sports. This is a legitimate defense, however, highly experienced attorneys are able to circumvent this argument.

Another common defense is that the person who suffered injury did not take the necessary steps to reduce their losses. If someone claims a loss in earnings as a component of damages, the defendant could argue that the injured party should have taken steps towards finding work, even though this did not make the claimant whole.