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Motor Vehicle Accident Lawsuit In the majority of cases, medical expenses and other economic expenses will exceed the insurance coverage they have under no-fault. A motor vehicle lawsuit may be the best option in this situation. The procedure of filing suit begins with the lawyer submitting a complaint to the defendant. The defendant then has a chance to respond to the complaint. Damages In a motor vehicle crash lawsuit damages are awarded for physical and financial harm caused by a third party's negligent actions. The majority of states use a tort liability system, which means that the party responsible for the accident must compensate the victim for his or her losses. Twelve states also follow no-fault law, which require car owners to carry their own insurance to cover any injuries they cause to others. In the initial phase of the legal process your attorney will conduct a presuit investigation to determine liable parties and the possible causes of action. This is known as discovery, and involves exchanging documents and requesting information from your adversary. It is important to remember that your adversary is trying to resolve this case with the least amount possible, therefore it could take some time before you receive a fair settlement offer. The amount of damages you receive in a lawsuit over a car accident will depend on the seriousness of your injury as well as the amount of property damage. Your lawyer can help you calculate the value your claim by adding your medical expenses and any future or projected costs. It can be difficult to determine the value of a car accident claim. However, your attorney will be able to prove your claim and ensure you receive maximum compensation. Your lawyer will engage with insurance companies in order to achieve a fair resolution that will address your present and future financial requirements. Liability During the initial discovery phase of your case your attorney will begin exchanging 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 give your account of the events. We will be patient with you in the event that the trauma of an accident hinders your ability to recall information. Our goal is to assist you in remember as much information as you can so that we can make an argument on your behalf. Your lawyer may reach a settlement at this point, but it is not always possible. If you are unable to reach an agreement, the case will be decided. It could be the trial of a judge, jury or both depending on the jurisdiction in which you reside. The cost of a lawsuit may be very high. Insurance companies are often required to cover the expenses of an attorney, investigator, or other experts. Most parties would like to settle claims as swiftly and efficiently as is possible. Settlements can make a claim void for both sides and save everyone time and money. Personal injury lawyers are typically paid on a contingency fee and will not be paid until your case is settled. Plaintiffs be looking to move on from the accident and its aftermath. Statute of Limitations In every lawsuit there is a time limit for filing the case called the statute of limitations. If you fail to submit your lawsuit within the stipulated time frame, your claim will be deemed barred. This means that you will not be able to claim compensation for the injuries you sustained. An experienced attorney can determine the time frame for your particular case. In cases involving car accidents, for example the law requires you to file a claim within 3 years of the date of the accident. There are some exceptions to the statute of limitations. For example, the deadline can be extended (stopped) under certain circumstances like when you're an under-age person or if the accident involves an agency of the government. There may also be a statute of limitation tolling provision in some cases when there is doubt about the mental health of the victim at the moment of the incident. Additionally, the statute of limitations may be extended during the discovery process when your attorney requests information from the defendant and their lawyers in written questions called interrogatories, or in formal deposition or testimonies. A personal injury attorney will help ensure that your case is filed in a timely manner and that you're in a position to obtain the evidence that you need for a successful defense. Many wrecks need an investigation, which may take time. Additionally, evidence that is physical may degrade as time passes. Defenses In any lawsuit that involves an automobile accident there are numerous defenses that can be brought up. They include both factual and legal arguments. Some of these legal defenses could be based upon procedural issues such as failure to comply with the statute of limitations, while others could be based on the merits of a particular case. Comparative negligence is a common factual defense. This is a legal argument that argues that the injured person who filed the claim should be held partially accountable for the injuries and damages they have suffered. This argument's validity will depend on the laws of the state. motor vehicle accident law firm longmont have a form of comparative negligent law. Defendants also often use the defense of assumption of risk to attempt to take away plaintiffs' rights to compensation. This argument states that the injured party took on the risk of injury when they participated in the course of exercising in a gym or playing an athletic game. This is a valid argument, but skilled lawyers know the best method to defeat it. Another common defense that could be used is that the party who was injured did not take the necessary steps to reduce their losses. If someone claims a loss in earnings as part of their overall damages, the defendant might argue that the victim should have taken steps towards finding work, even though this could not have made the claimant whole.