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Motor Vehicle Accident LawsuitIn many cases, a person’s medical expenses and other economic losses will go beyond their no-fault insurance coverage. 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 is given the chance to respond to your complaint.DamagesIn a motor vehicle accident lawsuit, damages are awarded to cover the financial, physical and other personal injuries caused by the negligence of another party. In most states the tort liability system is in use. This means that the party who caused the accident is liable to compensate the victim for their losses. Twelve states also have no-fault insurance laws that require car owners to have their own insurance to cover injuries they cause to others.In the initial phase of the legal process, your attorney will conduct a pre-suit inquiry to identify potential liable parties and available options for action. This is called discovery, and it involves exchanging papers and seeking information from your adversary. Remember that your opponent will try to settle the case for as little money as possible. It could take a bit of time before you get an offer of an acceptable settlement.The amount of compensation you receive from a car accident lawsuit depends on the severity of the injury and the extent to the extent that your property has been damaged. Your lawyer will assist you in calculating the value of your claim by adding up the medical expenses you incur, including any projected or future costs, as well as assessing the amount of damage to your property.It isn’t always easy to determine the value of a motor accident claim. However, motor vehicle accident lawyer boynton beach will do everything to help your claim and secure the maximum amount of money. Your lawyer will engage with insurance companies in order to negotiate a fair settlement that addresses your current and future financial requirements.LiabilityIn the initial discovery phase of your case, your lawyer will begin to exchange information with the insurance company of your adversary. This will include documents such as accident reports and medical records, witness statements, as well as expert opinions.You will also provide your account of what happened. We will be patient with you if the trauma of an accident interferes with your ability recall details. Our goal is to assist you in recall as much information as possible to be able to present an effective case on your behalf.Your lawyer may reach a settlement at this stage, but it’s not always possible. If you are unable to reach an agreement, your case will be tried. It could be an appeal before a judge, jury or both, depending on the jurisdiction in which you reside.A lawsuit can be expensive. In most cases, the insurance companies will have to pay for the cost of the lawyer or investigator as well as other experts. The majority of parties wish to settle claims as fast and efficiently as possible. A settlement will save both parties time and money and close the claim. Personal injury lawyers are generally paid on a contingency basis and will not get paid until the case has been concluded. Plaintiffs also want to move on from the accident and its aftermath.Statute of limitationsIn every lawsuit there is a time limit for filing the case known as the statute of limitations. If you fail to submit your lawsuit within the prescribed timeframe, your claim will be barred. This means that you will not be able to claim compensation the damages you suffered. An experienced attorney can help you determine the specific time limits for your case.In car accident cases, for example, the law requires you to file your claim within 3 years of date of the accident. There are a few exceptions to the statute of limitations. The deadline may be extended in certain situations like when you are an under-age person and the incident involves an agency of the government.In certain cases, there may be a provision allowing the statute of limitations when the condition of the victim at the time of the accident is in doubt. Additionally the statute of limitations could be extended during the process of discovery when your attorney asks for information from the defendant and his or her lawyers in written questions called interrogatories or via formal testimonies, also known as depositions.A personal injury lawyer can help ensure that your legal claim is filed in time and that you have access to the evidence you need for an effective defense. Many wrecks require an investigation, which takes time. The physical evidence can also degrade as time passes.DefensesThere are a range of defenses available in any motor vehicle accident lawsuit. They include both legal and factual arguments. Some of these defenses to law could be based on procedural issues like failure to meet the statute of limitations, whereas others might be based on the merits of a specific case.Comparative negligence is a popular factual defense. This is a legal argument which claims that the injured person who is filing the claim should be held partially accountable for the harm and injuries they’ve suffered. The validity of this argument will be contingent on the law of the state. A majority of states have enacted some form of comparative negligence law.Defendants can also rely on the defense of assumption of risk to try and deny plaintiffs their right to compensation. This is the claim that the person who was injured assumed the risk of injury when they participated in an activity, such as training at a gym or playing a sport. This is a valid argument, but skilled attorneys know the best approach to overcome it.Another defense that may be used is that the victim did not take the necessary steps to reduce their losses. For example when a person is making a loss of earnings claim as part of their total damages, the defendant can claim that the victim should have taken the necessary steps to find a job even if it would not have paid for their entire loss.