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Motor Vehicle Accident Lawsuit In many cases, medical costs and other financial losses a person suffers will override their no-fault protection. A motor vehicle suit may be the best option in this situation. The procedure of filing a lawsuit begins with your attorney submitting the defendant a notice. The defendant has the right to respond to your complaint. Damages In a motor vehicle accident lawsuit, damages are awarded to compensate the physical, financial and any other personal injury resulted from the negligence of a third party. The majority of states have a tort liability system, which means that the person who caused the accident has to pay compensation to the victim for his or her losses. Twelve states also have no-fault insurance laws, which require car owners to have their own insurance to cover any injuries they cause to others. In the initial stage of the legal process, your lawyer will conduct a pre-suit probe to determine liable parties and possible causes of action. This is referred to as discovery and it involves exchanging documents and seeking information from your adversary. It is important to remember that your adversary is trying to resolve this case with the least amount of money, and it may be a while before you receive a fair settlement offer. The amount of damages you receive in a lawsuit arising from a car accident will be contingent on the severity of your injuries as well as the amount of property damage. Your lawyer can assist you determine the value of your claim by adding in your medical expenses as well as any future or projected costs. It's not always simple to assess the value of a motor vehicle accident claim, but your lawyer will work diligently to build a strong case that supports your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to come up with a fair settlement that addresses your financial needs now and in the future. requirements. Liability In the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company. This could include documents such as accident reports and medical records, as well as witness statements, as well as expert opinions. You will be asked to provide your account of the events. The trauma of an accident may interfere with your ability to recall specific details, but we will be understanding and patient. Our aim is to help you recall as much as you can, so we can present a strong case for your damages. Your lawyer is likely to negotiate a settlement at this point, but it is not always feasible. If you fail to reach an agreement, your case will be tried. It could be an in-person trial before the jury, a judge or both, depending on the jurisdiction you are in. The cost of a lawsuit could be expensive. Insurance companies are often required to cover the costs of an attorney investigator, or any other expert. Because of this, many parties are looking to settle their claims as fast as possible. Settlement will close a claim for both sides and save everyone time and money. This is the reason why personal injury lawyers generally operate on a contingency basis and don't receive a payment until they resolve your case. Plaintiffs also want to move on from the incident and its aftermath. Statute of limitations In every lawsuit there is a time limit to file the case known as the statute of limitations. Failing to file a lawsuit within an period of time allowed can invalidate your claim, meaning that you won't be able to seek compensation the damages you suffered. An experienced lawyer can establish the precise time limits for your particular case. For example in the case of car accidents, the law requires that you submit your claim within three years from the date of the crash. There are a few exceptions to the statute of limitations. The deadline can be tolled in certain situations like when you are minor and the incident involves an agency of the government. In motor vehicle accident law firm new york there could be a provision tolling the statute of limitations if the state of mind of the victim at the time of the accident is unclear. The statute of limitations can also be tolled when your attorney requests the defendant's lawyer and the defendant for information through written questions known as interrogatories or formal depositions. A personal injury attorney will help ensure that your case is filed in a timely manner and that you are able to access the evidence that you need for a successful defense. Many accidents require an investigation, which may take time. The physical evidence can also degrade with time. Defenses In any lawsuit involving a motor vehicle accident there are many defenses that may be brought up. These comprise both factual and legal arguments. Some legal defenses are based on procedural concerns that include failure to comply with the statute of limitations. Others may be solely based on merits. The concept of comparative negligence is a common factual defense. This is a legal claim which states that the person who filed the claim should be held partly accountable for the damages or injuries they've sustained. The validity of this argument an appropriate argument will depend on state law. Most states have a form of comparative negligence law. Defendants also often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. The argument is that the victim was at risk of injury through participating in a sport such as working out in a gym or participating in sports. This is a legitimate argument, but skilled attorneys know the best way to counter it. Another common defense that could be used is that the person who was injured did not adequately compensate for their losses. For example, if a person is making a loss of earnings claim as part of their total damages, the defendant may claim that the injured party should have taken the necessary steps to find work even if it could not have compensated them fully.