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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. A motor vehicle suit may be the best option in this scenario. The process of filing a lawsuit starts with your attorney submitting the defendant a notice. The defendant has the opportunity to respond to your complaint. Damages In a lawsuit for motor accidents damages are awarded to pay for the financial, physical, and any other personal injury caused by the negligent actions of a third party. The majority of states use a tort liability system which means that the party responsible for the incident must compensate the victim for his or her losses. Twelve states have no fault insurance, which requires car owners to carry insurance to protect themselves from any injuries they cause. Your attorney will conduct an investigation prior to filing a lawsuit in order to identify possible 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 money as possible. It may take some time before you receive an offer of a fair settlement. The amount of damages you will receive in an injury lawsuit in a car depends on the severity of the injury and the extent to which your property has been damaged. Your lawyer will be able to help you calculate the value of your claim by adding up your medical expenses, including any projected or future expenses, and assessing the severity of your property damage. It can be difficult to determine the value of a motor accident claim. However, your lawyer will do their best to defend your claim and obtain maximum compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement that will address your present and future financial requirements. Liability During the initial discovery phase of your case, your attorney will begin sharing information with the insurance company. This will include documents like accident reports, medical records and witness statements. You will also be asked to give your account of the incident. The trauma of an accident may interfere with your ability to recall details, but we will be understanding and patient. Our aim is to help you remember as much information as we can so that we can make strong arguments on your behalf. At this stage your lawyer will most likely reach a settlement. However, it is not always possible. If no agreement can be reached, the case will move to trial. It could be an in-person trial before the jury, a judge or both depending on the jurisdiction of your case. A lawsuit can be expensive. Often the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. Most parties would like to settle claims as quickly and efficiently as they can. A settlement will save both parties time and money as well as conclude the case. This is one of the main reasons why personal injury lawyers typically are on a contingent basis and do not get paid until they settle your case. Plaintiffs also want to move on from the accident and the aftermath. Statute of Limitations The statute of limitations is the deadline for filing an action. If you don't file your lawsuit within the specified time period, your claim will be barred. This means you will not be able to claim compensation for the injuries you sustained. A seasoned attorney will be able determine the time limits applicable to your case. In cases involving car accidents, for example the law requires you to file a claim within 3 years of date of the accident. However, there are several circumstances that can alter the statute of limitations. The deadline may be extended in certain circumstances like if you are minor and the event involves an agency of the government. There could also be a statute of limitation tolling provision in some cases in the event of doubt regarding the mental health of the victim at the moment of the incident. The statute of limitations may also be tolled when your attorney requests the lawyer for the defendant and the defendant to provide information via written questions, also known as interrogatories or formal depositions. A personal injury lawyer can assist you in ensuring your case is filed promptly and that you are able to access the evidence that you need for an effective defense. Many wrecks need an investigation, which can take time. Evidence can also change as time passes. Defenses There are a myriad of defenses that could be argued in any motor vehicle accident lawsuit. These include factual and legal arguments. Some of these legal defenses might be based on procedural matters like the inability to meet the statute of limitations, whereas others may be based on the merits of a particular case. Comparative negligence is a typical factual defense. It is a legal argument which states that the person who filed the claim should be held accountable for the harm or injuries they've suffered. The validity of this argument an acceptable argument will depend on state law. The majority of states have adopted a form of comparative negligence law. The defense of assumption is also used by defendants to deny plaintiffs the right to a fair settlement. This argument states that the injured party accepted the risk of injury by participating in an activity, such as exercising at a gym or playing in a sport. motor vehicle accident lawsuit waukegan is a legitimate argument, however experienced lawyers know the best way to counter it. Another defense that may be used is that the victim did not take the necessary steps to reduce their losses. If someone asserts a loss in earnings as part of their overall damages, the defendant may argue that the victim should have taken the necessary steps to finding work, even if this did not make the claimant whole.