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Motor Vehicle Accident Lawsuit

In many instances, a person's medical expenses and other economic damages will be more than their no-fault insurance coverage. This is where the possibility of a motor vehicle suit could play a role.

The procedure of filing suit begins by sending an official complaint to the defendant. The defendant then has a chance to respond to the complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to compensate for the financial, physical, and other personal injuries caused by the negligence of a third party. In most states the tort liability system is utilized. This means that the party who caused the accident has to pay the victim for their losses. Twelve states also have no-fault insurance laws that require car owners to have their own insurance to cover injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit to identify potential accountable parties and potential causes of the action. This is called discovery, and involves transferring documents and seeking information from your adversaries. Keep in mind that your adversary will try to settle the case with as little as possible. It could take some time before you get an offer of a fair settlement.

The amount of damages you are awarded in a lawsuit for car accidents will depend on the seriousness of your injury and 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 costs, as well as assessing the extent of the damage to your property.

It's not always easy to determine the value of a motor vehicle accident claim, but your lawyer will be diligent in constructing an argument that is strong and supports your claim for maximum compensation. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that meets your present and future financial needs.

Liability

During the initial discovery phase of your case your attorney will start exchanging information with the insurance company of your adversary. This will include documents like accident reports, medical records, and witness statements.

You will be asked to share your version of the events. We will be patient with you in the event that the trauma of an accident impedes your ability to remember details. Our goal is to help to recall as much information as possible so that we can present an effective case on your behalf.

At this moment your lawyer will likely negotiate an agreement. However, it is not always feasible. If you fail to reach an agreement, your case will be tried. This could be a bench trial front of a judge, or a jury, based on the jurisdiction.

A lawsuit can be costly. Usually, insurers will need to pay for the cost of the lawyer as well as the investigator and other experts. Most parties would like to settle claims as quickly and efficiently as possible. Settlements will save both parties time and money and conclude the case. Personal injury lawyers are usually paid on a contingency basis and will not be paid until the case is settled. Plaintiffs also want to get past the accident and its aftermath.

Statute of Limitations

The statute of limitations is the time limit for filing an action. Failure to file a lawsuit within the appropriate time frame can bar your claim, which means you won't be able to seek compensation the damages you suffered. A knowledgeable attorney can determine the specific time limits for your case.

For example in the case of car accidents, the law requires that you file your claim within three years of the date of your crash. However, there are numerous exceptions that can affect the time limit for filing a claim. The deadline may be extended in certain situations like when you are minor and the incident involves an agency of the government.

In certain circumstances there could be a provision for tolling the statute of limitations when the state of mind of the victim at the time of the accident is in doubt. In addition, the statute of limitations may be tolled during the discovery process when your attorney asks for information from the defendant and his or her lawyers through written questions, also known as interrogatories or via formal testimonies known as depositions.

A personal injury lawyer can help ensure that your legal claim is filed in time and that you have access to the evidence you need for an effective defense. Many wrecks require an investigation, which takes time. Additionally, evidence that is physical can deteriorate as time passes.

Defenses

There are a range of defenses that can be argued in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural questions that include failure to comply with the statute of limitations. Others may be solely based on merits.

Comparative negligence is an important factual defense. This is a legal argument which claims that the injured party who is filing the claim should be held accountable for the injuries and damages they've suffered. Whether or not this is a valid argument will be contingent on the state's law. The majority of states have some form of comparative negligence law.

Defense lawyers often also use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This is the theory that an injured party assumed the risk of injury by participating in an activity, such as exercising in a gym or playing an athletic game. This is a legitimate defense, however, highly skilled lawyers are able to circumvent this argument.

Another defense that is often used is that the person who suffered injury was not able to limit their damages. If a person claims losses in earnings as a part of the overall damages, the defendant could argue that the victim should have taken steps towards finding work, even if this would not have made the claimant whole.