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Motor Vehicle Accident Lawsuit In many instances, the medical costs and other financial loss of an individual will override their no-fault protection. A motor vehicle lawsuit may be the best option in this situation. The process of filing a lawsuit starts with your attorney submitting to the defendant a formal complaint. The defendant is then given the chance to respond to the complaint. Damages In a motor vehicle collision lawsuit damages are awarded for physical, financial and other personal injuries 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 pay the victim for their losses. Twelve states have no fault insurance, which requires car owners to carry insurance to cover any injuries they cause. Your attorney will conduct an investigation prior to filing a lawsuit to identify possible at-fault parties and possible causes of action. This is called discovery, and involves exchanging documents and seeking information from your adversaries. Keep in mind that your adversary will try to settle the case for as little as is possible. It could take a bit of time before you get an offer of a fair settlement. The amount of damages that you receive from a car accident lawsuit depends on the extent of the injury and the extent to which your property has been damaged. Your lawyer can assist you calculate the value your claim by adding your medical expenses as well as any future or anticipated costs. It's not always easy to determine the worth of a motor vehicle crash claim, but your attorney will do their best to create a strong case that supports your claim for maximum compensation. Your lawyer will discuss with insurance companies to reach a fair settlement that addresses your current and future financial needs. Liability During the initial discovery phase of your case, your lawyer will begin sharing details with your adversary's insurance company. This includes documents such as accident reports, medical records, and witness statements. You will also be asked to give your account of the incident. The trauma of an accident may hinder your ability to remember details, but we will be patient and understanding. Our goal is to help to recall as much information as you can so that we can present a strong case on your behalf. At this moment your lawyer will most likely negotiate a settlement. However, it is not always possible. If you are unable to reach an agreement, your case will be argued. It could be a trial before either a jury or a judge or both depending on your jurisdiction. The cost of a lawsuit could be high. Often, the insurers will have to pay for the cost of the lawyer and investigator as well as other experts. Because of this, many parties would like to settle their claims as fast as possible. A settlement can save both parties time and money as well as end the claim. Personal injury lawyers are usually paid on a contingency fee and are not paid until the case is resolved. Equally, plaintiffs desire to move past the accident and its consequences. Statute of Limitations In every lawsuit there is a time limit for filing the case known as the statute of limitations. If you fail to submit your lawsuit within the specified time frame, your claim will be deemed barred. This means that you will not be able to claim compensation for the injuries you sustained. A seasoned attorney will be able to determine the deadlines applicable to your case. In the case of car accidents, for example the law requires you to file a claim within 3 years of the date of the incident. There are some exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you are a minor or when the incident involves a government agency. In certain cases there could be a provision that will tollerate the statute of limitations in cases where the victim's mental state at the time of the accident is unclear. Additionally the statute of limitations may be extended during the process of discovery in the event that your attorney demands information from the defendant and his or her lawyers through written questions, also known as interrogatories or via formal testimonies known as depositions. A personal injury lawyer will help ensure that your case is filed in a timely manner and that you're able to access the evidence that you need for an effective defense. Many wrecks require an investigation, which takes time. Evidence can also change over time. Defenses In any lawsuit that involves the accident of a motor vehicle there are a variety of defenses to be raised. These comprise both factual and legal arguments. Some legal defenses are based on procedural issues for example, not meeting the statute of limitations. Others may be based solely on the merits. Comparative negligence is a crucial factual defense. This is a legal argument which asserts that the injured person who filed the claim should be held responsible for the damage or injuries they have sustained. This argument's validity will depend on the state law. A majority of states have enacted some form of comparative negligence law. The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. The argument is that the person who was injured assumed the risk of injury when participating in an activity like exercising in a gym or participating in sports. This is a valid argument, however experienced lawyers know the best way to defeat it. Another common defense that could be used is that the victim did not take the necessary steps to reduce their losses. For motor vehicle accident attorney avondale when a person is making a loss-of-income claim as part of their overall damages, the defendant might claim that the victim should have taken steps to find a job even if it would not have compensated them fully.