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Motor Vehicle Accident Lawsuit In many instances, the medical costs and other financial losses of a person will outstrip their no-fault insurance. This is where the possibility of a motor vehicle suit could be involved. The process of filing suit starts with your lawyer submitting an accusation to the defendant. The defendant has the option to respond to your complaint. Damages In a lawsuit involving a motor accident, damages are awarded to cover the physical, financial and any other personal injury caused by the negligent acts of another party. In the majority of states, the tort liability system is utilized. This means that the party who caused the accident is liable to compensate the victim for their losses. Twelve states also have no-fault law, which require car owners to have their own insurance to cover injuries they cause to others. In the initial stage of the legal process, your lawyer will conduct a presuit investigation to identify potential liable parties and the possible causes of action. This is called discovery and involves exchanging documents with your adversaries and seeking details. Remember that your adversary is attempting to settle this case for as little money as is possible. It may take some time before you get an offer of an acceptable settlement. The amount of damages you'll receive in a car accident lawsuit will depend on the severity of your injury and the extent of the damage to your property. Your lawyer can help you calculate the value of your claim by adding up your medical expenses, which includes any future or projected expenses, and assessing the extent of your property damage. It can be a challenge to determine the value of a car accident claim. However, your attorney will do their best to defend your claim and ensure you receive the maximum amount of compensation. Your lawyer will negotiate with insurance companies to reach a fair settlement that meets your current and future financial needs. Liability During the initial discovery phase of your case, your attorney will begin to exchange information with your adversary's insurance company. This will include documents like accident reports and medical records, as well as witness statements, as well as expert opinions. You will also be asked to tell your account of the incident. We will be patient with you if the stress of an accident interferes with your ability to remember details. Our goal is to help remember as much information as you can so that we can present an argument on your behalf. At this moment your lawyer will most likely seek an agreement. However, it is not always feasible. If you cannot come to an agreement, your case will be tried. This could be a bench trial before a judge or jury, based on the jurisdiction. The cost of a lawsuit can be substantial. Insurance companies are often required to pay for the costs of an attorney investigator, or other experts. For this reason, most parties wish to settle their claims as fast as possible. A settlement can finish a claim on both sides and save everyone time and money. This is one of the reasons why personal injury lawyers typically operate on a contingency basis and don't get paid until they have resolved your case. In the same way, plaintiffs be looking to move on from the accident and its consequences. Statute of Limitations The statute of limitations is the time limit for filing an action. If you don't submit your lawsuit within the specified time frame your claim will be barred. This means you will not be able to claim compensation for the injuries you sustained. A knowledgeable attorney can determine the time frame for your particular case. In car accident cases, for example the law requires you to file a claim within 3 years of date of the accident. There are a few exceptions to the statute of limitations. The deadline may be extended in certain circumstances for instance, if you are an under-age person and the incident involves an agency of the government. There could also be motor vehicle accident lawsuit deerfield beach of limitations tolling option in certain instances when there is doubt over the mental health of the victim at the time of the incident. The statute of limitations can also be tolled when your attorney contacts the lawyer of the defendant and the defendant to provide information via written questions called interrogatories, or formal depositions. A personal injury lawyer can help ensure that your legal case is filed in time and that you have access to the evidence you need for a strong defense. Many wrecks require an investigation, which can take time. Evidence can also change with time. Defenses There are a variety of defenses that can be argued in any motor vehicle accident lawsuit. These include legal and factual arguments. Some of these legal defenses may be based on procedural issues such as failure to comply with the deadline for filing, while others could be based on the merits of a specific case. The concept of comparative negligence is a common factual defense. This is a legal defense which claims that the injured person who is filing the claim should be held accountable for the injuries and damages they have suffered. Whether or not this is a valid argument will be contingent on state law. A majority of states have enacted some kind of law governing comparative negligence. Defendants also often use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This argument states that the injured party took on the risk of injury by participating in an activity like working out at a gym or playing sports. This is a valid defense, however, highly experienced attorneys are able to circumvent this argument. Another defense that is often used is that the victim failed to mitigate their damages. If someone asserts a loss in earnings as a part of the overall damages, the defendant could argue that the injured person should have taken steps toward finding work, even if this could not have made the claimant whole.