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Motor Vehicle Accident Lawsuit In many instances, the medical expenses and other economic loss of an individual will override their no-fault protection. This is where the possibility of a motor vehicle suit could be involved. The procedure of filing suit begins with your lawyer sending an official complaint to the defendant. The defendant then has the chance to respond to the complaint. Damages In a motor vehicle accident lawsuit damages are awarded to compensate the financial, physical, and any other personal injury resulted from the negligence of another party. Most states follow a tort liability system which means that the party responsible for the incident must compensate the victim for their losses. Twelve states also have no-fault law, which require car owners to have their own insurance to cover injuries they cause to other people. Your lawyer will conduct an investigation prior to filing a lawsuit in order to determine accountable parties and potential causes of action. This is referred to as discovery and involves transferring documents and requesting information from your adversary. Remember that your adversary will try to settle the case for as little as they can. It could take some time before you receive an offer of an acceptable settlement. The amount of damages you receive in a lawsuit over a car accident will depend on the extent of your injury 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 anticipated expenses. It can be a challenge to determine the value of a car accident claim. But, your attorney will do their best to defend your claim and secure the most compensation possible. Your lawyer will negotiate with insurance companies to reach a fair settlement that will address your present and future financial requirements. Liability During the initial discovery stage 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 provide your account of what happened. The trauma of an accident can hinder your ability to recall specific details, but we will be patient and compassionate. Our goal is to assist you remember as much as possible so we can build a strong argument for your claim. Your lawyer is likely to seek a settlement at this point, but it is not always feasible. If you cannot reach an agreement, your case will be tried. It could be an appeal before either a jury or a judge or both depending on the jurisdiction of your case. A lawsuit can be costly. Insurance companies are usually required to cover the costs of an attorney, investigator, or other experts. Most parties would like to settle claims as swiftly and efficiently as is possible. A settlement will make a claim void for both sides and save everyone time and money. This is one of the main reasons why personal injury lawyers generally operate on a contingency basis and are not paid until they have resolved your case. The same goes for plaintiffs who want to move on from the accident and its repercussions. Statute of limitations The statute of limitations is the period of time for filing a lawsuit. Failure to file a lawsuit within an period of time allowed can invalidate your claim, meaning that you cannot recover for your injuries. An experienced lawyer can establish the precise time limits for your particular case. In car accident cases, for example, the law obliges you to file your claim within 3 years of date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline may be tolled (stopped) in certain situations like when you're a minor or when the incident involves an agency of the government. There could also be a statute of limitation tolling provision in some cases when there is doubt about the condition of the victim's mind at the time of the incident. The statute of limitations can be tolled if your attorney contacts the lawyer for the defendant and the defendant to provide information through written questions called interrogatories, or formal depositions. A personal injury lawyer can help you ensure that your case is filed in a timely manner and that you are able to access the evidence you require to have a strong defense. motor vehicle accident lawsuit newport beach need an investigation that can take a long time. Evidence can also change over time. Defenses There are many defenses that can be raised in any motor vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural concerns for example, not meeting the statute of limitations. Others may be solely based on merits. Comparative negligence is a popular factual defense. This is a legal argument which asserts that the injured person who filed the claim should be held accountable for the harm or injuries they have sustained. The validity of this argument will be contingent on the state's law. Most states have some form of comparative negligent law. The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This is the theory that the injured party took on the risk of injury if they participated in an activity, like exercising at a gym or playing in a sport. This is a legitimate argument, but experienced attorneys know the best approach to overcome it. Another defense that is often used is that the victim failed to mitigate their damages. For instance when a person is making a loss-of-income claim as part of their overall damages, the defendant might claim that the injured party should have taken the necessary steps to find a job even if it would not have been enough to make them whole.