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Motor Vehicle Accident LawsuitIn many cases, medical expenses and other economic losses will go beyond their insurance’s no-fault coverage. This is where a motor vehicle lawsuit might be involved.The process of filing a lawsuit begins with your attorney submitting the defendant a formal complaint. The defendant has the right to respond to your complaint.DamagesIn a motor vehicle collision lawsuit, damages are awarded to victims for physical financial, emotional and other personal harm caused by a third party’s negligent actions. In most states, the tort liability system is utilized. This means that the party who caused the accident is liable to compensate 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.Your lawyer will conduct an investigation prior to filing a lawsuit to identify potential accountable parties and potential causes of the action. This is known as discovery and involves exchanging documents with your adversary and seeking information. Remember that your adversary is attempting to settle this matter for as little as they can. It may take some time before you get an offer of a fair settlement.The amount of damage you are awarded in a car accident lawsuit depends on the severity of the injury as well as the extent to which your property has been damaged. Your lawyer will be able to assist you in calculating the value of your claim by adding your medical expenses, including any projected or future costs, and evaluating the amount of damage to your property.It is not always easy to assess the value of a motor vehicle crash claim, but your attorney will diligently build an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to reach a fair settlement that meets your current and future financial requirements.LiabilityDuring the initial discovery phase of your case, your attorney will begin exchanging information with the insurance company. This will include documents such as accident reports, medical records, testimony statements, and expert opinions.You will also provide your account of what happened. The trauma of an accident may affect your ability to recall specific details, but we will be understanding and patient. Our goal is to help recall as much information as possible to be able to present an effective case on your behalf.Your lawyer could come to a settlement by this point, but it is not always possible. If you are unable to reach a settlement, your case will be tried. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction.The cost of a lawsuit may be substantial. Often the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. In this way, the majority of parties wish to settle their claims as swiftly as they can. A settlement will save both parties time and money and close the claim. Personal injury lawyers are usually paid on a contingency basis and won’t be paid until your case is settled. Plaintiffs will also want to get past the incident and the aftermath.Statute of limitationsIn every lawsuit there is a time limit to file the case known as the statute of limitations. Failing to file a lawsuit within an appropriate time frame can bar your claim, meaning you cannot recover the damages you suffered. An experienced attorney will be able to identify the deadlines for your particular case.In the case of car accidents, for example the law obliges you to file your claim within three years of the date of the accident. However, there are several exceptions that can affect your statute of limitations. The deadline can be extended in certain situations like when you are minor and the incident involves an agency of the government.In some instances, there may be a provision tolling the statute of limitations in cases where the victim’s mental state at the time of the accident is uncertain. The statute of limitations may also be tolled when your attorney demands from lawyers for the defendant as well as the defendant to provide information via written interrogatories, or formal depositions.A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence you need for an effective defense. Many accidents require an investigation, which takes time. Furthermore, evidence found on the ground may degrade as time passes.DefensesThere are many defenses that could be argued in any motor vehicle accident lawsuit. These include both legal and factual arguments. Some legal defenses are based on procedural considerations that include inability to satisfy the statute of limitations. Others could be based solely on the merits.Comparative negligence is an important factual defense. This is a legal claim which claims that the injured person who filed the claim should be held accountable for the damages or injuries they’ve suffered. The validity of this argument a valid argument will be contingent on state law. Most states have adopted some form of comparative negligence law.motor vehicle accident law firm fargo use the defense of assumption of risk to try and deprive plaintiffs of their rights to compensation. This argument states that the plaintiff took on the risk of injury by taking part in an activity, such as exercising in a gym or participating in sports. This is a legitimate defense, however, skilled lawyers are adept at overcoming this argument.Another common defense that could be used is that the party who was injured did not take the necessary steps to reduce their losses. If a plaintiff claims a loss in earnings as a part of the overall damages, the defendant may argue that the injured person should have taken the necessary steps to finding work, even though this wouldn’t have made the claimant whole.