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Motor Vehicle Accident Lawsuit

In many cases, a person's medical expenses and other financial expenses will exceed their insurance's no-fault coverage. A motor vehicle accident law firms vehicle lawsuit might be the best choice in this instance.

The procedure of filing a lawsuit begins with your attorney sending the defendant a notice. The defendant then has the opportunity to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and any other personal injury caused by the negligent acts of another party. Most states follow a tort liability system which means that the party responsible for the incident must pay compensation to the victim for motor vehicle accident lawsuit his or her losses. Twelve states have no-fault insurance which obliges car owners to have insurance to pay for any injuries they cause.

Your attorney will conduct an investigation prior to filing a lawsuit to identify any responsible parties and possible causes of the action. This is called discovery and involves exchanging documents with your adversaries and seeking details. It is important to remember that your adversary is trying to settle this case with the least amount possible, so it could take some time before you receive a fair settlement offer.

The amount of damages you are awarded in a car accident lawsuit will be contingent on the severity of your injury and the extent of the damage to your property. Your lawyer can help calculate the value your claim by incorporating your medical expenses and any projected or future expenses.

It's not always straightforward to judge the value of a motor vehicle crash claim, but your lawyer will be diligent in constructing an argument that will support your claim for the highest amount of compensation. Your lawyer will negotiate with insurance companies to achieve a fair resolution that will address your present and future financial requirements.

Liability

During the first discovery phase of your case your attorney will begin sharing information with the insurance company of your adversary. This will include documents such accident reports, medical records, and witness statements.

You will also share your account of what happened. The trauma of an accident could interfere with your ability to remember details, but we will be patient and understanding. Our aim is to help you remember as much as is possible so that we can present a convincing argument for your damages.

At this point your lawyer will most likely seek an agreement. However, it's not always possible. If you fail to come to an agreement, your case will be heard. This could be a bench trial the presence of a judge or jury, depending on the jurisdiction.

The cost of a lawsuit could be very high. Insurance companies are usually required to pay for costs of an attorney investigator, or other experts. The majority of parties want to settle claims as quickly and efficiently as they can. A settlement can finish a claim on both parties and save both time and motor vehicle accident lawsuit money. Personal injury lawyers are typically paid on a contingency basis and will not be paid until the case has been completed. Equally, plaintiffs wish to move on from the accident and its consequences.

Statute of Limitations

In every lawsuit there is a time limit for filing the case called the statute of limitations. If you fail to submit your lawsuit within the prescribed time period, your claim will be denied. This means you can't recover any compensation for your injuries. An experienced lawyer will be able to determine the time limits for your particular case.

In cases involving car accidents, for example the law requires you to file a claim within 3 years from the date of the accident. There are a few exceptions to the statute of limitations. For example, the deadline can be extended (stopped) in certain situations such as when you're a minor or when the accident involves a government agency.

There may also be a statute of limitation tolling provision in some cases in the event of doubt regarding the mental state of the victim at the time of the accident. The statute of limitation could also be tolled when your attorney asks the lawyer for the defendant and the defendant for details through written questions known as interrogatories or formal depositions.

A personal injury attorney can help you ensure that your case is filed promptly and you are competent to gather the evidence you require for a successful defense. Many wrecks require an investigation, which takes time. Evidence can also change over time.

Defenses

There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some legal defenses are based on procedural concerns like failure to comply with the statute of limitations. Other defenses may be solely based on merits.

Comparative negligence is a typical factual defense. This is a legal claim which claims that the injured person who filed the claim should be held partially accountable for the damage or injuries they've sustained. If this is an acceptable argument will depend on the law of the state. The majority of states have some form 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 argument states that the person who was injured assumed risk of injury by engaging in an activity such as working out at a gym or playing sports. This is a valid argument, but highly experienced attorneys know the best approach to defeat it.

Another common defense that can be used is that the person who was injured did not take the necessary steps to reduce their losses. If a plaintiff claims an income loss as part of their overall damages, the defendant could claim that the person who was injured should have taken steps towards finding work, even though this wouldn't have made the claimant whole.