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Motor Vehicle Accident Lawsuit

In many cases, medical costs and other financial expenses of a person could outstrip their no-fault insurance. A motor vehicle lawsuit may be the best option in this situation.

The process of filing suit starts by sending an email to the defendant. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident lawsuit damages are awarded to pay for the financial, physical and other personal injuries caused by the negligent acts of another party. Most states operate under a tort liability system which means that the person responsible for the accident must compensate the victim for their losses. Twelve states also follow no-fault insurance laws that require car owners to carry their own insurance to cover any injuries they cause to others.

Your attorney will conduct an investigation prior to filing a lawsuit in order to determine responsible parties and possible causes of action. This process is known as discovery. It involves exchanging documents with your adversaries and requesting details. It is crucial to remember that your adversary is trying to settle this case with the least amount possible, therefore it may be a while before you receive an acceptable settlement offer.

The amount of damages you are awarded in a lawsuit for car accidents will depend on the extent of your injuries and the amount of property damage. Your lawyer can help calculate the value your claim by incorporating your medical expenses and any future or anticipated costs.

It is not always easy to assess the value of a motor vehicle accident law firm vehicle accident claim, but your lawyer will work diligently to build an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to reach a fair settlement that addresses your financial and future needs.

Liability

In the initial discovery phase of your case, your attorney will begin sharing information with your adversary's insurance company. This could include documents like accident reports, medical records, witness statements, as well as expert opinions.

You will be asked to provide your version of the events. The trauma of an accident may interfere with your ability to remember details, but we will be understanding and patient. Our aim is to help you remember as much information as possible in order to make an effective case on your behalf.

Your lawyer may reach a settlement at this stage, but it's not always possible. If you fail to reach a settlement, your case will be tried. It could be an appeal before jurors, judges or both depending on the jurisdiction in which you reside.

The cost of a lawsuit may be expensive. Usually, insurers will need to pay for the cost of the lawyer and investigator as well as other experts. Most parties want to settle claims as quickly and efficiently as is possible. A settlement will save both parties money and time and end the claim. Personal injury lawyers are usually paid on a contingency fee and will not get paid until the case has been settled. Equally, plaintiffs want to move on from the accident and its consequences.

Statute of Limitations

The statute of limitations is the time limit for filing an action. Failing to submit a lawsuit within the appropriate time frame can bar your claim, meaning you cannot recover for your injuries. An experienced lawyer will be able to identify the time limits applicable to your particular case.

For instance in car accident cases the law requires that you file your claim within three years of the date of your accident. However, there are several exceptions that can affect the statute of limitations. For example, the deadline can be extended (stopped) in certain situations such as when you're an under-age person or if the incident involves a government agency.

In some instances there could be a provision tolling the statute of limitations in cases where the victim's mental state at the time of the accident is in doubt. The statute of limitations may also be tolled when your attorney demands from the lawyer for the defendant and the defendant for details through written questions called interrogatories, or formal depositions.

A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence you require to mount a an effective defense. Many accidents require an investigation, which can take time. The physical evidence can also degrade with time.

Defenses

There are many defenses that can be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these defenses to law could be based upon procedural issues like a failure to meet the deadline for filing, while others could be based on the merits of a particular case.

Comparative negligence is a typical factual defense. This is a legal defense that claims that the injured party who is filing the claim should be held partially responsible for the damages and injuries they have suffered. The validity of this argument will depend on the law of the state. The majority of states have adopted a type of comparative negligence law.

The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation. This is the theory that the injured party accepted the risk of injury by participating in an activity, such as exercising at a gym or playing in a sport. This is a legitimate argument, however experienced lawyers know the best way to resolve it.

Another common defense that can be used is that the injured party failed to mitigate their losses. For example in the event that a person is making a loss of earnings claim as part of their overall damages, the defendant may claim that the injured party should have taken steps to find a job even if it could not have compensated them fully.