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Motor Vehicle Accident Lawsuit In many cases, medical expenses and other financial losses can be beyond the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit could come into play. The process of filing a lawsuit begins 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 to cover the financial, physical and other personal injuries resulted from the negligence of another party. In the majority of states the tort liability system is employed. This means that the party who caused the accident has to pay the victim for their losses. Twelve states also have no-fault law, which require car owners to carry their own insurance to cover any injuries they cause to others. In the first phase of the legal process, your attorney will conduct a presuit investigation to determine liable parties and available legal remedies. This is known as discovery and involves exchanging documents with your adversary and seeking information. Remember that your adversary will try to settle the case for as little money as possible. motor vehicle accident law firm decatur could take a bit of time before you receive an offer of an acceptable settlement. The amount of damages you'll receive in a lawsuit arising from a car accident will depend on the severity of your injuries as well as the extent of the damage to your property. Your lawyer can assist you in calculating the value of your claim by adding the medical expenses you incur, including any future or anticipated costs, and assessing the amount of damage to your property. It can be difficult to determine the value of a car accident claim. However, your lawyer will do their best to defend your claim and ensure you receive the maximum amount of money. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that meets your present and future financial requirements. Liability In the initial discovery phase of your case, your lawyer will begin to exchange information with the insurance company of your adversary. This includes documents such as accident reports, medical records and witness statements. You will also be asked to tell your own version of what happened. The stress of an accident can interfere with your ability to recall specific details, but we will be patient and compassionate. Our aim is to help you recall as much information as we can so that we can present an argument on your behalf. Your lawyer will likely reach a settlement at this stage, but it's not always possible. If an agreement is not reached, your case will be taken to trial. It could be a trial before the jury, a judge or both depending on your jurisdiction. The cost of a lawsuit could be high. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. The majority of parties want to settle claims as quickly and efficiently as possible. Settlements can end a case for both sides and save everyone time and money. Personal injury lawyers typically are paid on a contingency fee and will not be paid until the case has been settled. The same goes for plaintiffs who be looking to move on from the accident and its repercussions. Statute of limitations The statute of limitations is the deadline for filing a lawsuit. If you don't submit your lawsuit within the given timeframe the claim is deemed to be barred. This means that you will not be able to claim compensation any compensation for your injuries. An experienced attorney will be able to determine the timeframes applicable to your particular case. For instance in the case of car accidents the law requires you submit your claim within three years from the date of the crash. However, there are many circumstances that can alter the statute of limitations. The deadline can be tolled in certain situations, such as if you are minor and the event involves an agency of the government. There could also be a statute-of-limitations tolling provision in some cases when there is doubt over the victim's mental state at the time of the incident. The statute of limitations could be tolled if your attorney requests the lawyer of the defendant and the defendant for details through written questions, also known as interrogatories or formal depositions. A personal injury lawyer can ensure that your legal claim is filed on time and that you have access to the evidence you require to mount a a strong defense. Many accidents require investigation that can take a long time. Furthermore, evidence found on the ground is susceptible to deterioration over time. Defenses There are a variety of defenses that can be argued in any motor vehicle accident lawsuit. They include both legal and factual arguments. Some of these legal defenses may be based on procedural issues like the inability to meet the deadline for filing, while others may be based on the merits of a particular case. Comparative negligence is a crucial factual defense. This is a legal defense that argues that the injured person who is filing the claim should be held partly accountable for the damages and injuries they have suffered. The validity of this argument will be contingent on the state law. Many states have enacted a kind of law governing comparative negligence. Defense lawyers often also use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This is the claim that an injured party assumed the risk of injury by participating in the course of working out at a gym, or playing a sport. This is a legitimate argument, but experienced attorneys know the best approach to resolve it. Another defense that may be used is that the injured party failed to mitigate their losses. If a person claims the loss of earnings as a component of damages, the defendant could argue that the victim should have taken the necessary steps to finding work, even if this wouldn't have made the claimant whole.