Motor Vehicle Accident Lawsuit In many cases, the medical costs and other losses a person suffers will exceed their no-fault coverage A motor vehicle lawsuit may be the most appropriate option in this case The process of filing suit begins with the lawyer submitting an accusation to the defendant The defendant is then given the chance to respond to the complaint Damages In a motor vehicle accident lawsuit damages are awarded for physical financial, emotional and other personal damages caused by another's negligent actions In the majority of states the tort liability system is employed This means that the party who caused the incident is responsible to compensate the victim for their losses Twelve states have no fault insurance, which obliges car owners to have insurance to compensate for any injuries they may cause Your lawyer will conduct an investigation prior to filing a lawsuit in order to identify possible responsible parties and possible causes of action This is called discovery and involves exchanging documents with your adversaries and seeking details Keep in mind that your adversary is trying to settle this matter for as little as is possible It could take some time before you get an offer of an acceptable settlement The amount of damages that you receive for an auto accident lawsuit is contingent on the severity of the injuries and the extent to which your property has been damaged Your lawyer can help you determine the value of your claim by incorporating your medical expenses and any future or projected costs It's not always straightforward to determine the value of a motor vehicle crash claim, but your lawyer will diligently build an argument that can support your claim for the most compensation Your lawyer will negotiate with insurance companies to negotiate a fair settlement that addresses your current and future financial needs Liability During the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company This could include documents like accident reports, medical records, testimony statements, and expert opinions You will also provide your version of what happened The trauma of an accident may hinder your ability to recall details, however we will be patient and kind Our aim is to help you remember as much information as you can to be able to present a strong case on your behalf At this stage your lawyer will likely reach an agreement However, it's not always possible If you can't reach a settlement, your case will be tried This could be a bench trial front of a judge, or a jury, depending on the jurisdiction A lawsuit can be expensive Usually, insurers will need to cover the costs of the lawyer, investigator, and other experts Because of this, many parties wish to resolve their claims as quickly as possible A settlement will make a claim void for both parties and save both time and money Personal injury lawyers are generally paid on a contingency fee and are not paid until your case is concluded In the same way, plaintiffs want to move on from the incident and its consequences Statute of limitations In every lawsuit there is a time limit to file the case called the statute of limitations Failure to start a lawsuit within the proper time frame could halt your claim, meaning you cannot recover for your injuries A seasoned attorney will be able determine the deadlines applicable to your case For instance when it comes to car accidents the law requires that you file your claim within three years of the date of the crash However, there are many circumstances that can alter your statute of limitations The deadline can be tolled in certain situations for instance, if you are a minor and the accident involves an agency of the government In certain circumstances there could be a provision that will tollerate the statute of limitations when the condition of the victim at the time of the accident is unclear The statute of limitation could also be tolled when your attorney requests the defendant's lawyer and the defendant for information through written interrogatories, or formal depositions https//vimeocom/706863413 can assist you in ensuring your case is filed promptly and that you're competent to gather the evidence you require for an effective defense Many wrecks require an investigation, which takes time Physical evidence can also deteriorate over time Defenses There are a myriad of defenses that can be raised in any motor vehicle accident lawsuit These are both factual and legal arguments Some of these defenses to law could be based on procedural factors like failure to meet the statute of limitations, while others could be based on the merits of a particular case Comparative negligence is a popular factual defense It is a legal theory which claims that the injured person submitting the claim should be held accountable for the harm and injuries they've suffered The validity of this argument is contingent on the laws 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 fair settlement This is the theory that an injured party assumed the risk of injury by participating in an activity, such as exercising at a gym or playing sports This is a valid argument, but highly experienced attorneys know the best approach to resolve it Another defense that is often used is that the injured person was not able to limit their damages For instance in the event that a person is filing 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 a job regardless of the fact that it would not have compensated them fully