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Motor Vehicle Accident Lawsuit

In many cases, the medical costs and other financial loss of an individual will outstrip their no-fault insurance. This is where a motor vehicle accident attorney vehicle lawsuit might be a factor.

The procedure of filing a lawsuit begins with your attorney sending the defendant a complaint. The defendant is given the chance to respond to your complaint.

Damages

In a motor vehicle accident law firm vehicle accident lawsuit, damages are awarded to compensate for the financial, physical and other personal injuries caused by the negligent acts of another party. Most states operate under the tort liability system, which means that the party responsible for the incident must pay compensation to the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause.

In the initial phase of the legal process your attorney will conduct a pre-suit probe to identify possible liable parties and available reasons for action. This is known as discovery and involves exchanging documents with your adversary and requesting details. It is important to remember that your adversary is trying to settle this case with the least amount of money, and it may be a while before you receive a fair settlement offer.

The amount of damages you receive in a car accident lawsuit will be contingent on the severity of your injuries as well as the amount of property damage. Your lawyer will assist you in calculating the value of your claim by adding the medical expenses you incur, including any future or projected costs, and assessing the extent of the damage to your property.

It is not always easy to determine the value of a motor vehicle accident claim, but your attorney will diligently build a strong case that supports your claim to the maximum amount of compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement that meets your current and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin to exchange details with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.

You will be asked to share your account of the incident. The stress of an accident can interfere with your ability to remember details, but we will be understanding and patient. Our aim is to help you recall as much information as possible to be able to present an argument on your behalf.

Your lawyer will likely reach a settlement at this stage, but it's not always possible. If no agreement is reached, your case will be brought to trial. This could be a bench trial before a judge or jury, depending on the jurisdiction.

A lawsuit can be costly. Insurance companies are usually required to cover the costs of an attorney investigator, or any other expert. Most parties want to settle claims as fast and efficiently as is possible. Settlement will end a case for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency basis and will not be paid until the case has been resolved. Plaintiffs also want to move past the accident and the aftermath.

Statute of Limitations

In every lawsuit there is a time limit for filing the case known as the statute of limitation. Failing to submit a lawsuit within the appropriate timeframe can halt your claim, meaning that you will not be able to recover compensation for your injuries. A seasoned attorney will be able to determine the time limitations that apply to your case.

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

In certain circumstances there could be a provision that will tollerate the statute of limitations if the victim's mental state at the time of an accident is in doubt. Additionally, the statute of limitations may be extended during the process of discovery in the event that your attorney demands information from the defendant and their lawyers through written questions referred to as interrogatories or by way of 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 require to mount a a strong defense. Many wrecks require an investigation, which takes time. The physical evidence can also degrade with time.

Defenses

There are a range of defenses that could be argued in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some of these legal defenses might be based on procedural matters like failure to meet the deadline for filing, while others might be based on the merits of a particular 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 partially responsible for the injuries or damages they've sustained. The validity of this argument will depend on the state law. Most states have adopted some form of comparative negligence law.

Defendants often use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. The argument is that the victim was at risk of injury through taking part in an activity, like exercising at a gym or playing sports. This is a legitimate defense, however, skilled lawyers are able to circumvent this argument.

Another common defense that could be used is that the person who was injured was unable to limit their losses. For instance when a person is making a loss of earnings claim as part of their overall damages, the defendant might argue that the person who was injured should have taken the necessary steps to find work even if it would not have paid for their entire loss.