Motor Vehicle Accident Lawsuit In the majority of cases, medical expenses and other economic damages will be more than their no-fault insurance coverage A motor vehicle lawsuit may be the best option in this scenario The procedure of filing a lawsuit starts with your attorney submitting the defendant a formal complaint The defendant then has the chance to respond to the complaint Damages In a motor vehicle accident lawsuit damages are awarded for physical as well as financial damages caused by another's negligent actions In the majority of states the tort liability system is utilized This means that the party responsible for the accident is required to compensate 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 stage of the legal process, your lawyer will conduct a pre-suit probe to identify potential liable parties and potential causes of action This is known as discovery, and it involves exchanging documents and seeking information from your adversary Keep in mind that your adversary is attempting to settle this matter for as little as is possible It may take some time before you get an offer of an acceptable settlement The amount of damages that you receive for an injury lawsuit in a car depends on the severity of the injury as well as the extent to which your property is damaged Your lawyer will help you calculate the value of your claim by adding up your medical expenses, which includes any future or anticipated expenses, and assessing the amount of damage to your property It can be difficult to determine the value of a motor accident claim However, your attorney will do everything to help your claim and ensure you receive the most compensation possible Your lawyer will engage with insurance companies in order to come up with a fair solution that addresses your current and future financial requirements Liability In the initial discovery phase of your case, your lawyer will begin exchanging information with the insurance company of your adversary This could include documents like accident reports and medical records, testimony statements, and expert opinions You will be asked to share your version of the events We will be patient with you if the trauma of an accident hinders your ability to recall specific details Our goal is to assist you in recall as much information as we can so that we can make a strong case on your behalf At this moment your lawyer will likely seek an agreement However, it's not always possible If you can't reach an agreement, your case will be heard It could be an in-person trial before a judge, jury or both, depending on the jurisdiction of your case A lawsuit can be expensive Insurance companies are often required to pay the costs of an attorney investigator, or any other expert This is why the majority of parties want to resolve their claims as quickly as they can A settlement can save both parties money and time and end the claim Personal injury lawyers are generally paid on a contingency fee and are not paid until the case is settled In the same way, plaintiffs want to move on from the accident and its consequences https//vimeocom/706739368 of Limitations The statute of limitations is the deadline for filing an action If you fail to file your lawsuit within the prescribed time frame the claim will be denied This means that you will not be able to claim compensation any compensation for your injuries An experienced lawyer will be able to determine the time limitations that apply to your case For instance in car accident cases, the law requires that you file your claim within three years from the date of your accident However, there are many exceptions that may affect the time limit for filing a claim For instance, the deadline may be tolled stopped in certain situations such as when you are an under-age person or if the accident involves the services of a government agency There may also be a statute-of-limitations tolling clause in certain circumstances where there is doubt as to the mental state of the victim at the moment of the accident The statute of limitation could also be tolled when your attorney requests the lawyer of the defendant and the defendant for information through written questions known as interrogatories or formal depositions A personal injury lawyer can help ensure that your legal case is filed on time and that you have access to the evidence you need for a strong defense Many wrecks require an investigation, which takes time In addition, physical evidence may degrade over time Defenses There are a myriad of defenses available in any motor vehicle accident lawsuit They include both legal and factual arguments Some legal defenses are based on procedural issues like failure to meet the statue of limitations Other defenses may be solely based on merits Comparative negligence is an important factual defense This is a legal argument that argues that the injured person who filed the claim should be held responsible for the damage and injuries they've suffered The validity of this argument will depend on the law of the state Many states have enacted a kind of law governing comparative negligence The defense of assumption can also be used by defendants to deny plaintiffs the right to a compensation The argument is that the injured party was at risk of injury through participating in a sport such as working out in a gym or participating in sports This is a legitimate argument, however experienced lawyers know the best way to defeat it Another common defense is that the injured person failed to mitigate their damages For instance, if a person is making 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 regardless of the fact that it would not have compensated them fully