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Motor Vehicle Accident LawsuitIn many cases, a person's medical expenses and other economic expenses will exceed the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit might be a factor.The process of filing a lawsuit starts by sending your attorney to the defendant a complaint. The defendant has the option to respond to your complaint.DamagesIn a lawsuit for motor accidents, damages are awarded to compensate for the physical, financial and other personal injuries resulted from the negligence of another party. Most states follow a tort liability system, which means that the person responsible for the incident must compensate the victim for their losses. Twelve states also follow no-fault laws for insurance, which require car owners to have their own insurance in order to cover the injuries they cause to others.In the initial stage of the legal process your attorney will conduct a pre-suit inquiry to determine liable parties and possible causes of action. This is known as discovery, and involves exchanging documents and seeking information from your adversaries. It is crucial to keep in mind that your adversary is trying to settle this case with the least amount possible, therefore it could take a while before you receive an acceptable settlement offer.The amount of damage you receive from a lawsuit arising from a car accident is contingent on the severity of the injury as well as the extent to which your property is damaged. Your lawyer can help determine the value of your claim by incorporating your medical expenses as well as any future or anticipated costs.It is not always easy to determine the worth of a motor vehicle accident claim, but your lawyer will be diligent in constructing an argument that can support your claim for maximum compensation. Your lawyer will negotiate with the insurance companies to come up with a fair settlement that addresses your current and future financial requirements.LiabilityIn the initial discovery phase of your case, your attorney will begin sharing information with your adversary's insurance company. This will include documents such accident reports, medical records and witness statements.You will be asked to share your version of the events. The trauma of an accident can impair your ability recall details, however we will be understanding and patient. Our goal is to help recall as much information as is possible to be able to present an effective case on your behalf.At this point your lawyer will most likely negotiate a settlement. However, motor vehicle accident attorneys atlanta 's not always feasible. If a settlement isn't reached, the case will move to trial. This could be a bench trial in front of a judge or jury, depending on the jurisdiction.A lawsuit can be costly. In most cases, the insurance companies will have to cover the costs of the lawyer or investigator as well as other experts. The majority of parties want to settle claims as fast and efficiently as they can. Settlements will save both parties time and money as well as end the claim. This is the reason why personal injury lawyers generally are on a contingent basis and don't get paid until they settle your case. Similarly, plaintiffs will desire to move past the incident and its consequences.Statute of LimitationsThe statute of limitations is the time limit for filing an action. Failure to submit a lawsuit within the appropriate timeframe can halt your claim, meaning you will not be able to recover compensation for your injuries. An experienced lawyer will be able determine the time limitations applicable to your particular case.For example, in car accident cases the law requires that you file your claim within three years of the date of your crash. However, there are many exceptions that can affect your statute of limitations. For instance, the deadline may be extended (stopped) in certain circumstances such as when you're a minor or when the incident involves an agency of the government.There may also be a statute-of-limitations tolling clause in certain circumstances when there is doubt over the mental health of the victim at the time of the accident. In addition the statute of limitations may be extended during the process of discovery when your attorney requests information from the defendant and their lawyers through written questions known as interrogatories or through a formal deposition or testimonies.A personal injury lawyer can ensure that your legal case is filed on time and that you have access to the evidence you require to mount a an effective defense. Many accidents require investigation that can take a long time. In addition, physical evidence is susceptible to deterioration as time passes.DefensesIn any case involving the accident of a motor vehicle there are a variety of defenses that could be raised. These include both legal and factual arguments. Some of these legal defenses may be based on procedural issues like the inability to meet the statute of limitations, whereas others could be based on the merits of a particular case.Comparative negligence is a crucial factual defense. It is a legal argument that argues that the injured person who filed the claim should be held responsible for the damages and injuries they've suffered. The validity of this argument will depend on the laws of the state. Many states have a type of comparative negligent law.The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. The argument is that the injured party assumed the risk of injury when participating in a sport like working out in a gym or participating in sports. This is a legitimate defense, however, skilled lawyers are able to circumvent this argument.Another defense that is often used is that the injured person failed to minimize their losses. For example in the event that a person is making a loss-of-income claim as part of their total damages, the defendant may claim that the injured party should have taken steps to find a job even if it could not have made them whole.