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Motor Vehicle Accident LawsuitIn the majority of cases, medical expenses and other economic damages will be more than their no-fault insurance coverage. This is where the possibility of a motor vehicle suit could come into play.The process of filing a lawsuit begins with your attorney sending the defendant a notice. The defendant then has a chance to respond to the complaint.DamagesIn a motor vehicle crash lawsuit, damages are awarded for physical and financial damage caused by another party's negligent actions. Most states operate under a tort liability system, which means that the person responsible for the accident must compensate the victim for his or her losses. Twelve states also follow no-fault insurance laws that require car owners to have their own insurance to cover any injuries they cause to others.Your lawyer will conduct an investigation prior to filing a lawsuit in order to determine responsible parties and possible causes of the action. This is called discovery and involves exchanging documents with your adversary and requesting details. Be aware that your adversary is seeking to settle this case for as little as they can. It could take some time before you get an offer of an acceptable settlement.The amount of the damages you will receive in a lawsuit over 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 help calculate the value the claim by adding up your medical expenses as well as any future or anticipated costs.It is not easy to assess the value of a car accident claim. However, your lawyer will work hard to support your claim and ensure you receive the maximum amount of compensation. Your lawyer will discuss with insurance companies to come up with a fair solution that will address your present and future financial needs.LiabilityDuring the initial discovery phase of your case your attorney will start exchanging information with the insurance company of your adversary. This could include 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 when the trauma of an accident interferes with your ability recall details. Our goal is to help you recall as much as possible so we can make a convincing argument for your claim.Your lawyer is likely to negotiate a settlement at this stage, but it's not always feasible. If you cannot reach an agreement, your case will be decided. This could be a bench trial in front of a judge or jury, based on the jurisdiction.A lawsuit can be expensive. Insurance companies are usually required to pay the costs of an attorney investigator, or any other expert. This is why the majority of parties wish to settle their claims as fast as they can. Settlements can finish a claim on both sides and save everyone time and money. Personal injury lawyers are generally paid on a contingency basis and will not be paid until the case has been completed. Plaintiffs will also want to move past the incident and its aftermath.Statute of LimitationsThe statute of limitations is the time frame for filing a lawsuit. If you fail to submit your lawsuit within the prescribed timeframe the claim will be deemed barred. This means you will not be able to claim compensation any compensation for your injuries. An experienced attorney will be able to determine the time limits that apply to your case.In car accident cases, for example, the law obliges you to file your claim within 3 years of date of the incident. There are some exceptions to the statute of limitations. For instance, the deadline could be extended (stopped) under certain circumstances such as when you are a minor or when the accident involves the services of a government agency.There could also be a statute-of-limitations tolling option in certain instances in the event of doubt regarding the mental health of the victim at the time of the accident. In addition the statute of limitations may be tolled during the discovery process when your attorney asks for information from the defendant and his or her lawyers through written questions, also known as interrogatories or by way of formal testimonies, also known as depositions.A personal injury lawyer can help ensure that your legal case is filed in time and that you have the evidence required for an effective defense. Many accidents require an investigation which can take time. Physical evidence can also deteriorate with time.DefensesThere are many defenses that could be argued in any motor vehicle accident lawsuit. They are both factual and legal arguments. Some legal defenses are based on procedural concerns that include failure to meet the statue of limitations. Others could be based solely on the merits.The concept of comparative negligence is a common factual defense. This is a legal argument which asserts that the injured person who files the claim should be held partly accountable for the damage or injuries they have sustained. This argument's validity will depend on the state law. Most states have adopted some form of comparative negligence law.The defense of assumption is also used by defendants to deny plaintiffs the right to a fair settlement. The argument is that the person who was injured took on the risk of injury by taking part in an activity, like exercising at a gym or playing sports. This is a valid argument, but experienced attorneys know the best way to overcome it.Another defense that may be used is that the party who was injured did not take the necessary steps to reduce their losses. If motor vehicle accident attorney bolingbrook asserts losses in earnings as part of the overall damages, the defendant might argue that the victim ought to have taken steps towards finding work, even though this would not have made the claimant whole.