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Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial losses can be beyond their insurance coverage that is no fault. A motor vehicle lawsuit may be the most appropriate option in this case.

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

Damages

In a motor vehicle accident attorney vehicle accident lawsuit damages are awarded to pay for the physical, financial and any other personal injury caused by the negligence of a third party. Most states operate under the tort liability system which means that the person responsible for the accident must pay compensation to the victim for his or her losses. Twelve states also follow no-fault law, which oblige car owners to carry their own insurance to cover any injuries they cause to others.

In the first phase of the legal process, your lawyer will conduct a pre-suit investigation to identify potential liable parties and the possible legal remedies. 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 resolve this matter for the lowest amount of money, and it may be a while before you receive a fair settlement offer.

The amount of compensation you will receive in a lawsuit arising from a car accident is contingent on the severity of the injury as well as the extent to which your property has been damaged. The lawyer you hire can help calculate the value your claim by adding in your medical expenses and any future or anticipated expenses.

It isn't always easy to determine the value of a car accident claim. But, your attorney will do their best to defend your claim and secure the most compensation possible. Your lawyer will negotiate with insurance companies to achieve a fair resolution which addresses your current and future financial needs.

Liability

During the initial discovery phase of your case, your lawyer will begin to exchange details with your adversary's insurance company. This will include documents like accident reports and medical records, testimony statements, and expert opinions.

You will also be asked to give your version of the events. We will be patient with you if the trauma of an accident impedes your ability to recall specific details. Our aim is to help you remember as much information as we can to be able to present an effective case on your behalf.

Your lawyer may reach a settlement at this point, but it is not always possible. If a settlement isn't reached, the case will go 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 may be expensive. Often, the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. Most parties would like to settle claims as fast and efficiently as they can. A settlement will save both parties money and time and conclude the case. Personal injury lawyers are usually paid on a contingency basis and will not get paid until the case has been settled. The same goes for plaintiffs who desire to move past the incident and its consequences.

Statute of Limitations

In every lawsuit, there is a time limitation to file the lawsuit known as the statute of limitation. Failing to submit a lawsuit within the proper time frame could halt your claim, which means you are not able to claim compensation for your injuries. An experienced attorney can determine the specific time limits for your case.

In car accident cases, for example, the law obliges you to file your claim within 3 years from the date of the incident. There are some exceptions to the statute of limitations. For instance, the deadline could be extended (stopped) in certain circumstances such as when you're minor or if the incident involves a government agency.

In some instances there could be a provision that will tollerate the statute of limitations if the condition of the victim at the time of the accident is uncertain. Additionally, the statute of limitations can be extended during the discovery process when your attorney seeks information from the defendant and their lawyers through written questions known as interrogatories or Motor Vehicle Accident Lawsuit by way of formal deposition or testimonies.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have the evidence required for an effective defense. Many wrecks need an investigation, which can take time. The physical evidence can also degrade as time passes.

Defenses

There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit. These include factual and legal arguments. Some of these legal defenses could be based upon procedural issues like a failure to meet the statute of limitations, while others could be based on the merits of a specific case.

Comparative negligence is a typical factual defense. It is a legal argument which claims that the injured person who files the claim should be held partly responsible for the injuries or Motor vehicle accident lawsuit damages they have sustained. Whether or not this is a valid argument will be contingent on state law. The majority of states have some form of comparative negligent law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to compensation. The argument is that the plaintiff assumed risk of injury by participating in a sport such as working out in a gym or participating in sports. This is a valid argument, but highly experienced lawyers know the best way to overcome it.

Another common defense that could be used is that the injured party was unable to limit their losses. If a plaintiff claims losses in earnings as a part of the overall damages, the defendant could argue that the victim should have taken the necessary steps to finding work, even though this did not make the claimant whole.