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Motor Vehicle Accident Lawsuit In many instances, the medical costs and other expenses of a person could outstrip their no-fault insurance. This is where a motor vehicle lawsuit could be involved. The procedure of filing a lawsuit starts with your attorney submitting to the defendant a lawsuit. The defendant has the opportunity to respond to your complaint. Damages In a motor accident lawsuit damages are awarded to pay for the financial, physical and other personal injuries caused by the negligent acts of a third party. The majority of states use the tort liability system, which means that the person who caused the accident has to compensate the victim for his or her losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to cover any injuries they cause. Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible responsible parties and possible causes of the action. This is referred to as discovery and it involves exchanging papers and seeking information from your adversaries. Remember that your opponent will try to settle the case for as little as possible. It may take some time before you get an offer of a fair settlement. The amount of damages you are awarded in a lawsuit for car accidents will depend on the seriousness of your injuries as well as the extent of the damage to your property. Your lawyer will be able to assist you in calculating the value of your claim by adding up your medical expenses, including any future or projected costs, and assessing the extent of your property damage. It isn't always easy to determine the value of a car accident claim. However, your lawyer will do everything to help your claim and ensure you receive the maximum amount of compensation. Your lawyer will discuss with insurance companies to achieve a fair resolution that will address your present and future financial requirements. Liability During the initial discovery phase of your case, your attorney will begin exchanging information with your adversary's insurance company. This includes documents such as accident reports, medical records, and witness statements. You will be asked to provide your own version of what happened. The trauma of an accident may interfere with your ability to recall details, but we will be patient and kind. Our aim is to help you remember as much information as is possible in order to make an argument on your behalf. At this moment, your lawyer will most likely negotiate a settlement. However, it is not always possible. If you cannot reach a settlement, your case will be heard. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction. A lawsuit can be costly. In most cases, the insurance companies will have to cover the costs of the lawyer as well as the investigator and other experts. Most parties would like to settle claims as quickly and efficiently as is possible. motor vehicle accident law firm miami beach can save both parties time and money as well as close the claim. Personal injury lawyers are usually paid on a contingency basis and won't be paid until the case is settled. Plaintiffs will be looking to move on from the incident and the aftermath. Statute of limitations The statute of limitations is the deadline for filing a lawsuit. If you fail to file your lawsuit within the prescribed time period the claim will be deemed barred. This means you aren't able to seek compensation for your injuries. An experienced lawyer can help you determine the time limits for your particular case. For instance in car accident cases, the law requires that you file your claim within three years from the date of the crash. However, there are numerous circumstances that can alter your 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 may also be a statute-of-limitations tolling clause in certain circumstances when there is doubt over the mental state of the victim at the moment of the accident. The statute of limitations can be tolled if your attorney contacts the lawyer of 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 in time and that you have the evidence you need for a strong defense. Many wrecks require an investigation, which takes time. The physical evidence can also degrade as time passes. Defenses In any lawsuit involving an automobile accident there are many defenses that could be raised. These include factual and legal arguments. Some legal defenses are based on procedural issues like failure to comply with the statute of limitations. Others could be solely based on merits. Comparative negligence is a common factual defense. This is a legal argument which states that the person who files the claim should be held partly accountable for the damage or injuries they've suffered. If this is an acceptable argument will depend on the laws of the state. The majority of states have adopted a kind of law governing comparative negligence. Defendants often use the defense of assumption of risk to try and deny plaintiffs their right to compensation. This is the argument that the person who was injured assumed the risk of injury when they took part in some activity, for example, exercising in a gym or playing sports. This is a legitimate argument, but highly experienced lawyers know the best way to resolve it. Another defense that may be used is that the victim failed to mitigate their losses. For instance, if a person is making a loss of earnings claim as part of their overall damages, the defendant could claim that the injured party should have taken steps to find work regardless of the fact that it would not have made them whole.