Motor Vehicle Accident Lawsuit In many cases, a person's medical expenses and other economic expenses will exceed their no-fault insurance coverage This is where a motor vehicle lawsuit might come into play The procedure of filing a lawsuit starts with your attorney sending the defendant a formal complaint The defendant is given the chance to respond to your complaint Damages In a motor vehicle collision lawsuit, damages are awarded for physical financial, emotional and other personal damage caused by another party's negligent actions The majority of states use a tort liability system, which means that the person who caused the accident has to pay compensation to the victim for their losses Twelve states also follow no-fault laws for insurance, which oblige car owners to carry their own insurance to protect themselves from injuries they cause to others Your attorney will conduct an investigation prior to filing a lawsuit to determine liable parties and potential causes of action This is known as discovery, and it involves exchanging papers and seeking information from your adversaries Remember that your opponent is attempting to settle this matter for as little as is possible It could take a bit of time before you receive an offer of a fair settlement The amount of the damages you will receive in a lawsuit arising from a car accident will depend on the severity of your injury and the extent of your property damage Your lawyer can help calculate the value your claim by incorporating your medical expenses and any future or projected costs It's not always simple to judge the value of a motor vehicle crash claim, but your lawyer will do their best to create a strong case that supports your claim for maximum compensation Your lawyer will negotiate with the insurance companies to negotiate an equitable settlement that meets your current and future financial requirements Liability In the initial discovery phase of your case, your lawyer will begin to share information with the insurance company This could include documents such as accident reports and medical records, testimony statements, and expert opinions You will be asked to share your account of the events The trauma of an accident could impair your ability remember details, but we will be patient and understanding Our goal is to assist you remember as much as you can, so we can present a strong case for your damages Your lawyer will likely seek a settlement at this stage, but it's not always feasible If you cannot come to an agreement, your case will be decided This could be a bench trial in the presence of a judge or jury, based on the jurisdiction A lawsuit can be costly Insurance companies are typically required to pay for the expenses of an attorney, investigator, or other experts For this reason, most parties want to resolve their claims as quickly as possible A settlement can save both parties time and money as well as conclude the case This is one of the reasons why personal injury lawyers generally are on a contingent basis and don't receive a payment until they have resolved your case Plaintiffs also want to move on from the accident and its aftermath Statute of limitations In every lawsuit there is a specific time period to file the case known as the statute of limitations Failure to submit a lawsuit within the period of time allowed can invalidate your claim, meaning you will not be able to recover compensation for your injuries An experienced attorney will be able to identify the time limits for your particular case In cases involving car accidents for instance the law obliges you to file a claim within 3 years of date of the incident However, there are numerous exceptions that can affect the time limit for filing a claim The deadline can be extended in certain circumstances like if you are minor and the event involves an agency of the government There may also be a statute of limitation tolling provision in certain cases in the event of doubt regarding the condition of the victim's mind at the time of the accident Additionally the statute of limitations could be tolled during the discovery process in the event that your attorney demands 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 claim is filed on time and that you have the evidence you require to mount a a strong defense Many accidents require an investigation, which can take time Additionally, evidence that is physical can deteriorate as time passes Defenses In any lawsuit involving an automobile accident, there are many defenses that could be brought up They include both factual and legal arguments https//vimeocom/706731482 are based on procedural concerns, such as inability to satisfy the statute of limitations Others may be based solely on the merits Comparative negligence is a common factual defense This is a legal argument which asserts that the person who filed the claim should be held partly accountable for the harm and injuries they've suffered The validity of this argument an acceptable argument will depend on the laws of the state Many states have a type of comparative negligence law The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation This is the claim that the person who was injured assumed the risk of injury if they participated in some activity, for example, training at a gym or playing an athletic game This is a legitimate defense, however, skilled lawyers know how to get around this argument Another common defense that could be used is that the injured party did not adequately compensate for their losses For instance when a person is making a loss of earnings claim as part of their overall damages, the defendant can claim that the injured party should have taken the necessary steps to find a job even if it would not have been enough to make them whole