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motor vehicle accident law firm new britainIn a lot of cases, the medical costs and other losses a person suffers will outstrip their no-fault insurance. This is where a motor vehicle lawsuit might come into play.The procedure of filing a lawsuit starts with your attorney submitting to the defendant a notice. The defendant is then given the chance to respond to the complaint.DamagesIn a lawsuit for motor accidents, damages are awarded to cover the physical, financial and other personal injuries caused by the negligent acts of another party. In most states, the tort liability system is utilized. This means that the person who caused the accident has to pay the victim for their losses. Twelve states also have no-fault laws for insurance, which require car owners to carry their own insurance to cover any injuries they cause to others.In the initial phase of the legal process your attorney will conduct a presuit investigation to identify any potential defendants and available legal remedies. This is called discovery, and it involves exchanging documents and requesting information from your adversaries. Be aware that your adversary is seeking to settle this case for as little money as is possible. It may take some time before you receive an offer of a fair settlement.The amount of damages you are awarded in a lawsuit arising from a car accident is contingent on the severity of the injury as well as the extent to the extent your property was damaged. Your lawyer can help you determine the value of your claim by adding your medical expenses and any future or anticipated expenses.It is not always easy to assess the value of a motor vehicle crash claim, but your lawyer will work diligently to build a strong case that supports your claim for maximum compensation. Your lawyer will discuss with insurance companies to come up with a fair solution that meets your current and future financial requirements.LiabilityDuring the initial discovery phase of your case, your lawyer will begin to exchange information with the insurance company. This will include documents such accident reports, medical records and witness statements.You will be asked to share your account of the incident. The trauma of an accident can affect your ability to recall details, however we will be understanding and patient. Our goal is to help you recall as much as possible so we can make a convincing argument for your damages.At this stage your lawyer will most likely seek a settlement. However, it is not always possible. If you are unable to come to an agreement, your case will be tried. This could be a bench trial front of a judge or jury, depending on the jurisdiction.The cost of a lawsuit may be high. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. Most parties would like to settle claims as swiftly and efficiently as they can. A settlement will save both parties money and time and conclude the case. This is one of the main reasons that personal injury lawyers usually operate on a contingency basis and do not get paid until they have resolved your case. Plaintiffs be looking to move on from the accident and its aftermath.Statute of limitationsIn every lawsuit there is a specific time limit for filing the case known as the statute of limitations. If you don't submit your lawsuit within the specified time period the claim is deemed to be barred. This means that you will not be able to claim compensation the damages you suffered. An experienced attorney can help you determine the time limitations applicable to your case.In the case of car accidents, for example, the law requires you to file a claim within three years of the date of the accident. There are a few exceptions to the statute of limitations. The deadline can be extended in certain situations for instance, if you are an under-age person and the incident involves an agency of the government.There could also be a statute of limitations tolling provision in certain cases when there is doubt over the victim's mental state at the moment of the incident. The statute of limitations could also be tolled when your attorney requests the lawyer of the defendant and the defendant to provide information through written interrogatories, or formal depositions.A personal injury lawyer can ensure that your legal case is filed in time and that you have the evidence required for an effective defense. Many accidents require investigation which can take time. Evidence can also change as time passes.DefensesThere are a range of defenses that can be raised in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural questions like inability to satisfy the statute of limitations. Others may be based solely on the merits.Comparative negligence is a crucial factual defense. It is a legal argument which asserts that the person who filed the claim should be held accountable for the damage and injuries they have suffered. The validity of this argument will depend on the law of the state. Most states have a form of comparative negligence law.Defendants also often use the defense of assumption of risk to try and deny plaintiffs their right to compensation. This argument states that the person who was injured assumed the risk of injury when engaging in an activity such as exercising in a gym or participating in sports. This is a legitimate defense, however, experienced lawyers are adept at overcoming this argument.Another common defense is that the person who suffered injury was not able to limit their damages. For instance when a person is filing a loss of earnings claim as part of their total damages, the defendant can argue that the person who was injured should have taken the necessary steps to find a job, even if it would not have compensated them fully.