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Motor Vehicle Accident Lawsuit In many cases, medical costs and other financial losses of a person will exceed their no-fault coverage. A motor vehicle lawsuit could be the most appropriate option in this case. The process of filing suit begins with the lawyer submitting an official complaint to the defendant. The defendant then has the opportunity to respond to the complaint. Damages In a lawsuit involving a motor accident, damages are awarded to pay for the physical, financial and any other personal injury caused by the negligent actions of a third party. In most states the tort liability system is in use. This means that the person who caused the accident has to pay the victim for their losses. Twelve states have no-fault insurance, which requires car owners to carry insurance to compensate for any injuries they may cause. In the initial stage of the legal process your lawyer will conduct a pre-suit investigation to identify possible liable parties and possible legal remedies. This is called discovery and involves exchanging documents with your adversary and seeking information. It is important to remember that your adversary is trying to settle this matter for the lowest amount possible, therefore it could take some time before you receive an acceptable settlement offer. The amount of damages that you are awarded in a car accident lawsuit depends on the severity of the injury and the extent to which your property is damaged. Your lawyer can help you calculate the value of your claim by adding your medical expenses, which includes any future or anticipated costs, and evaluating the extent of the damage to your property. It is not always easy to assess the value of a motor vehicle accident claim, but your attorney will be diligent in constructing an argument that is strong and supports your claim for the highest amount of compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement that addresses your current and future financial needs. Liability During the first discovery phase of your case, your attorney will begin exchanging information with the insurance company of your adversary. This will include documents like accident reports, medical records, testimony statements, and expert opinions. You will also be asked to tell your own version of what happened. We will be patient with you in the event that the trauma of an accident affects your ability to remember details. Our aim is to help you to recall as much information as we can to be able to present a strong case on your behalf. At this point, your lawyer will most likely seek a settlement. However, it's not always feasible. If you can't come to an agreement, your case will be argued. This could be a bench trial front of a judge, or a jury, based on the jurisdiction. The cost of a lawsuit may be very high. Usually, insurers will need to cover the costs of the lawyer and investigator as well as other experts. For this reason, most parties are looking to settle their claims as quickly as they can. A settlement can save both parties time and money and end the claim. Personal injury lawyers are typically paid on a contingency fee and will not be paid until the case is resolved. Plaintiffs will also want to get past the incident and its aftermath. Statute of limitations The statute of limitations is the time limit for filing a lawsuit. If you fail to submit your lawsuit within the prescribed time period, your claim will be deemed barred. This means you will not be able to claim compensation any compensation for your injuries. An experienced attorney will be able to determine the time limitations for your particular case. In the case of car accidents for instance, the law requires you to file your claim within 3 years from the date of the accident. There are motor vehicle accident lawyer rock hill to the statute of limitations. The deadline may be tolled in certain circumstances for instance, if you are minor and the event involves an agency of the government. In certain cases there could be a provision allowing the statute of limitations when the victim's state of mind at the time of the accident is in doubt. The statute of limitations could be tolled if your attorney contacts the lawyer of the defendant and the defendant for details through written interrogatories, or formal depositions. A personal injury lawyer can help ensure that your legal case is filed in time and that you have access to the evidence required for a strong defense. Many wrecks require an investigation, which can take time. Evidence can also change over time. Defenses In any lawsuit involving an automobile accident there are numerous defenses that could be raised. These are both factual and legal arguments. Some of these legal defenses could be based upon procedural issues like a failure to meet the deadline for filing, while others could be based on the merits of a specific case. The concept of comparative negligence is a common factual defense. This is a legal argument which states that the person who files the claim should be held partially accountable for the damages or injuries they have sustained. The validity of this argument will depend on the law of the state. Most states have some form of comparative negligence law. Defense lawyers often also use the defense of assumption of risk to try and strip plaintiffs of their right to compensation. This argument states that the victim assumed the risk of injury when participating in an activity such as working out in a gym or participating in sports. This is a valid defense, however, experienced lawyers know how to overcome this argument. Another common defense is that the injured person did not take the necessary steps to reduce their losses. If someone asserts an income loss as a component of damages, the defendant may argue that the injured person ought to have taken steps towards finding work, even though this could not have made the claimant whole.

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