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Motor Vehicle Accident Lawsuit In many cases a persons medical expenses and other economic damages will be more than their nofault insurance coverage A motor vehicle lawsuit may be the best choice in this instance The process of filing suit starts by sending an accusation to the defendant The defendant then has the chance to respond to the complaint Damages In the event of a motor vehicle accident lawsuit damages are awarded in the event of physical and financial damages caused by anothers negligent actions Most states operate under a tort liability system which means that the party responsible for the incident must pay compensation to the victim for their losses Twelve states also follow nofault insurance laws which oblige car owners to carry their own insurance to cover any injuries they cause to others In the beginning of the legal process your attorney will conduct a presuit inquiry to identify any potential defendants and possible reasons for action This is referred to as discovery It involves exchanging documents with your adversaries and requesting details It is crucial to keep in mind that your adversary is trying to resolve this case for the least amount possible so it could take some time before you receive a fair settlement offer The amount of compensation you are awarded in an injury lawsuit in a car depends on the severity of the injury as well as the extent to the extent that 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 which includes any projected or future costs as well as assessing the extent of your property damage It isnt always easy to determine the value of a car accident claim However your attorney will work hard to support your claim and obtain the maximum amount of money Your lawyer will negotiate with insurance companies to reach an equitable settlement that takes into account your financial and future needs Liability During the initial discovery stage of your case your attorney will begin to exchange information with the insurance company of your adversary This will include documents such as accident reports and medical records testimony statements and expert opinions Also you will provide your account of what transpired The trauma of an accident could impair your ability recall details however we will be patient and compassionate Our aim is to help you remember as much information as you can in order to make an argument on your behalf At this point your lawyer will most likely seek a settlement However it is not always feasible If you cant reach an agreement the case will be heard This could be a bench trial before a judge or jury based on the jurisdiction A lawsuit can be expensive Insurance companies are usually required to cover the costs of an attorney investigator or any other expert The majority of parties wish to settle claims as fast and efficiently as possible A settlement will save both parties time and money as well as close the claim This is one of the main reasons why personal injury lawyers generally are on a contingent basis and dont receive a payment until they have resolved your case Plaintiffs also want to move past the accident and its aftermath Statute of limitations The statute of limitations is the time frame for filing an action If you fail to submit your lawsuit within the stipulated timeframe the claim is deemed to be barred motor vehicle accident attorneys westminster means that you cant recover for your injuries An experienced attorney can determine the time frame for your particular case For instance when it comes to car accidents the law requires you submit your claim within three years of the date of your crash There are some exceptions to the statute of limitations The deadline can be extended in certain situations for instance if you are a minor and the accident involves an agency of the government There could also be a statute of limitation tolling provision in certain cases when there is doubt over the victims mental state at the moment of the accident 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 questions also known as interrogatories or formal depositions A personal injury lawyer can assist you in ensuring that your case is filed in a timely manner and you are able to access the evidence you require for an effective defense Many accidents require an investigation that can take a long time The physical evidence can also degrade as time passes Defenses There are many defenses available in any motor vehicle accident lawsuit They are both factual and legal arguments Some legal defenses are based on procedural questions that include failure to meet the statue of limitations Others could be based solely on the merits Comparative negligence is a crucial factual defense This is a legal defense which claims that the injured person who is filing the claim should be held partially responsible for the damage and injuries they have suffered If this is an appropriate argument will depend on the law of the state A majority of states have enacted some form of comparative negligence law The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement This argument states that the injured party was at risk of injury through participating in an activity like exercising at a gym or playing sports This is a valid argument but skilled attorneys know the best way to overcome it Another common defense that could be used is that the victim did not take the necessary steps to reduce their losses For instance in the event that a person is filing a loss of earnings claim as part of their total damages the defendant could claim that the injured party should have taken the necessary steps to find work even if it would not have been enough to make them whole