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motor vehicle accident law firm Vehicle Accident Lawsuit

In many cases, medical expenses and other financial damages will be more than their insurance's no-fault coverage. This is where a motor vehicle lawsuit could be a factor.

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

Damages

In a motor vehicle accident lawsuit damages are awarded to cover the physical, financial and any other personal injury caused by the negligent acts of a third party. In the majority of states the tort liability system is in use. This means that the party who caused the incident is responsible to pay 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 investigation to identify possible liable parties and available legal remedies. This is known as discovery, and involves transferring documents and requesting information from your adversary. It is important to remember that your adversary is trying to resolve this matter for the lowest amount possible, therefore it could take a while before you receive an acceptable settlement offer.

The amount of compensation you receive for a car accident lawsuit depends on the extent of the injury and the extent to the extent your property was damaged. Your lawyer can assist you determine the value of your claim by adding in your medical expenses as well as any projected or future expenses.

It is not easy to assess the value of a car accident claim. But, your attorney will be able to prove your claim and obtain maximum compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that meets your present and future financial needs.

Liability

In the initial discovery phase of your case, your attorney will begin sharing information with the insurance company. This will include documents like accident reports, medical records, and witness statements.

You will also provide your account of what transpired. The stress of an accident can hinder your ability to remember details, but we will be understanding and patient. Our aim is to help you remember as much as possible so we can present a strong argument for your damages.

At this moment your lawyer will most likely negotiate a settlement. However, it is not always feasible. If no agreement can be reached, your case will go to trial. This could be a bench trial in before a judge or jury, based 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. The majority of parties want to settle claims as quickly and efficiently as they can. A settlement can save both parties money and time and close the claim. This is the reason why personal injury lawyers typically work on a contingency basis and don't receive a payment until they have resolved your case. Equally, plaintiffs desire to move past the incident and its consequences.

Statute of limitations

The statute of limitations is the period of time for filing an action. If you don't submit your lawsuit within the prescribed time period, your claim will be denied. This means that you aren't able to seek compensation for your injuries. An experienced lawyer will be able to identify the deadlines applicable to your case.

In the case of car accidents, for example the law requires you to file a claim within three years of the date of the incident. However, there are many exceptions that could affect the time limit for filing a claim. For instance, the deadline can be extended (stopped) under certain circumstances such as when you are minor or the incident involves an agency of the government.

In certain cases, there may be a provision that will tollerate the statute of limitations if the state of mind of the victim at the time of an accident is uncertain. The statute of limitations can be tolled if your attorney contacts lawyers for the defendant as well as the defendant to provide information through written interrogatories, or formal depositions.

An attorney for personal injuries can help you ensure that your case is filed promptly and that you are in a position to obtain the evidence you require to have a strong defense. Many accidents require an investigation which can take time. The physical evidence can also degrade with time.

Defenses

There are a myriad of defenses available in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some of these legal defenses may be based on procedural issues like a failure to meet the deadline for filing, while others could be based upon the merits of a specific case.

Comparative negligence is a popular factual defense. This is a legal argument which asserts that the person submitting the claim should be held partially responsible for the damages and injuries they have suffered. If this is a valid argument will be contingent on the state's law. Many states have enacted 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 argument states that the victim was at risk of injury through participating in a sport such as working out at a gym or playing sports. This is a legitimate defense, but experienced attorneys are adept at overcoming this argument.

Another common defense that can be used is that the party who was injured did not adequately compensate for their losses. For example in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant can claim that the injured party should have taken steps to find a job even if it would not have been enough to make them whole.