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Motor Vehicle Accident LawsuitIn many instances, the medical costs and other financial loss of an individual will override their no-fault protection. This is where the possibility of a motor vehicle suit could play a role.The process of filing a lawsuit begins with your attorney sending the defendant a complaint. The defendant then has the opportunity to respond to the complaint.DamagesIn a motor vehicle accident lawsuit, damages are awarded to compensate the physical, financial and any other personal injury caused by the negligent acts of another party. The majority of states use a tort liability system which means that the person who caused the accident has to compensate the victim for their losses. Twelve states also follow no-fault insurance laws, which require car owners to carry their own insurance in order to cover the injuries they cause to others.Your attorney will conduct an investigation prior to filing a lawsuit to identify possible responsible parties and possible causes of the action. This is known as discovery, and it involves exchanging documents and requesting information from your adversaries. Be aware that your adversary is attempting to settle this case for as little as they can. It may take some time before you get an offer of an acceptable settlement.The amount of damages you'll receive in a lawsuit over a car accident will depend on the extent of your injuries and the amount of property damage. Your lawyer will assist you in calculating the value of your claim by adding up your medical expenses, including any future or anticipated expenses, and assessing the extent of the damage to your property.It's not always straightforward to determine the worth of a motor vehicle accident claim, but your lawyer will diligently build an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to reach an equitable settlement that takes into account your financial and future requirements.LiabilityIn the initial discovery phase of your case, your attorney will begin sharing details with your adversary's insurance company. This includes documents such as accident reports and medical records, testimony statements, and expert opinions.You will also be asked to give your version of the events. We will be patient with you if the stress of an accident impedes your ability to recall information. Our goal is to help you recall as much as you can, so we can make a convincing argument for your damages.At motor vehicle accident attorneys lawrence will likely seek an agreement. However, it's not always possible. If you fail to reach an agreement, your case will be tried. This could be a bench trial front of a judge or jury, based on the jurisdiction.The cost of a lawsuit can be substantial. In most cases, the insurance companies will have to pay for the cost of the lawyer and investigator as well as other experts. The majority of parties wish to settle claims as quickly and efficiently as possible. A settlement can save both parties time and money as well as make the claim more streamlined. Personal injury lawyers are typically paid on a contingency fee and will not be paid until the case is resolved. The same goes for plaintiffs who be looking to move on from the incident and its consequences.Statute of LimitationsThe statute of limitations is the deadline for filing an action. Failure to file a lawsuit within an period of time allowed can invalidate your claim, which means you will not be able to recover compensation for your injuries. An experienced lawyer will be able to identify the deadlines applicable to your case.In cases involving car accidents, for example, the law obliges you to file your claim within three years of the date of the incident. There are a few exceptions to the statute of limitations. For instance, the deadline may be tolled (stopped) in certain situations such as when you're minor or the accident involves an agency of the government.There may also be a statute of limitations tolling option in certain instances when there is doubt over the condition of the victim's mind at the moment of the incident. The statute of limitation could also be tolled when your attorney contacts the lawyer for 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 on time and that you have access to the evidence you require to mount a an effective defense. Many wrecks require an investigation which can take time. The physical evidence can also degrade with time.DefensesThere are a myriad of defenses available in any motor vehicle accident lawsuit. They include both factual and legal arguments. Some legal defenses are based on procedural issues that include inability to satisfy the statute of limitations. Other defenses may be solely based on merits.Comparative negligence is a popular factual defense. This is a legal defense that claims that the injured person who is filing the claim should be held responsible for the damage and injuries they have suffered. If this is a valid argument will be contingent on state law. Many states have a type of comparative negligence law.Defendants also often use the defense of assumption of risk to attempt to deny plaintiffs their right to compensation. This argument states that the person who was injured assumed risk of injury by participating in a sport like working out in a gym or participating in sports. This is a valid defense, however, highly experienced lawyers are able to circumvent this argument.Another defense that is often used is that the person who suffered injury failed to minimize their losses. For instance, if a person is filing a loss of earnings claim as part of their overall damages, the defendant could claim that the victim should have taken steps to find a job regardless of the fact that it would not have made them whole.