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Motor Vehicle Accident Lawsuit

In a lot of cases, the medical costs and other economic losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit might come into play.

The procedure of filing a lawsuit begins with your attorney sending 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 compensate the financial, physical and other personal injuries caused by the negligent actions of a third party. The majority of states use the tort liability system which means that the party who caused the accident has to compensate the victim for their losses. Twelve states have no-fault insurance which requires car owners to carry insurance to cover any injuries they cause.

In the initial stage of the legal process your lawyer will conduct a pre-suit probe to identify possible liable parties and available reasons for action. This is called discovery and involves exchanging documents with your adversaries and seeking information. Keep in mind that your adversary is seeking to settle this case for as little money as is possible. It may take some time before you get an offer of an acceptable settlement.

The amount of the damages you will receive in a lawsuit over a car accident will be contingent on the severity of your injuries and the extent of the damage to your property. Your lawyer can assist you determine the value of your claim by incorporating your medical expenses as well as any projected or future expenses.

It's not always easy to judge the value of a motor vehicle accident attorney vehicle accident claim, but your attorney will work diligently to build an argument that is strong and supports your claim for maximum compensation. Your lawyer will negotiate with insurance companies to come up with a fair solution that will address your present and future financial requirements.

Liability

During the initial discovery stage of your case, your lawyer will begin to exchange information with the insurance company of your adversary. This will include documents like accident reports, medical records, and motor vehicle accident lawsuit witness statements.

You will be asked to share your account of the events. We will be patient with you if the trauma of an accident hinders your ability to remember details. Our goal is to help remember as much information as is possible so that we can make an argument on your behalf.

At this moment your lawyer will likely negotiate a settlement. However, it's not always feasible. If you can't reach a settlement, your case will be tried. This could be a bench trial in front of a judge, or a jury, based on the jurisdiction.

The cost of a lawsuit can be very high. Insurance companies are usually required to pay for costs of an attorney, investigator, or any other expert. Most parties want to settle claims as quickly and efficiently as possible. A settlement can save both parties time and money as well as conclude the case. Personal injury lawyers are typically paid on a contingency basis and won't be paid until your case is completed. Similarly, plaintiffs will desire to move past the incident and its consequences.

Statute of limitations

The statute of limitations is the deadline for filing a lawsuit. If you fail to file your lawsuit within the stipulated time frame your claim will be deemed barred. This means you will not be able to claim compensation for motor vehicle accident lawsuit your injuries. A seasoned attorney can help you determine the deadlines applicable to your case.

For example in the case of car accidents the law requires you file your claim within three years of the date of your accident. There are a few exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain situations such as when you are an under-age person or if the accident involves a government agency.

In certain cases there could be a provision tolling the statute of limitations when the condition of the victim at the time of an accident is uncertain. In addition the statute of limitations may be tolled during the discovery process when your attorney requests information from the defendant and his or her lawyers in written questions called interrogatories, or in formal deposition or testimonies.

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 accidents require investigation, which may take time. Furthermore, evidence found on the ground may degrade as time passes.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. They comprise both factual and legal arguments. Some legal defenses are based on procedural considerations that include inability to satisfy the statute of limitations. Others may be solely based on merits.

Comparative negligence is a common factual defense. This is a legal claim which claims that the injured person who filed the claim should be held accountable for the damage or injuries they've sustained. This argument's validity will depend on the laws of the state. Most states have adopted some form of comparative negligence law.

Defendants also often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the victim assumed risk of injury by participating in an activity such as exercising at a gym or playing sports. This is a valid argument, however experienced attorneys know the best way to resolve it.

Another defense that may be used is that the party who was injured did not adequately compensate for their losses. If a person claims a loss in earnings as part of their overall damages, the defendant can argue that the injured party ought to have taken steps towards finding work, even if this wouldn't have made the claimant whole.