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Motor Vehicle Accident LawsuitIn many cases, the medical expenses and other economic expenses of a person could exceed their no-fault coverage. A motor vehicle lawsuit could be the best choice in this instance.The process of filing a lawsuit begins with your attorney submitting the defendant a formal complaint. The defendant then has the opportunity to respond to the complaint.DamagesIn a motor vehicle accident lawsuit damages are awarded to compensate for the physical, financial and any other personal injury caused by the negligent acts of another party. The majority of states use the tort liability system which means that the party who caused the accident has to pay compensation to the victim for his or her losses. Twelve states have no fault insurance, which requires car owners to carry insurance to compensate for any injuries they may cause.Your attorney will conduct an investigation prior to filing a lawsuit in order to determine liable parties and potential causes of action. 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 resolve this case with the least amount possible, so it could take a while before you receive an acceptable settlement offer.The amount of the damages you will receive in a lawsuit arising from a car accident will be contingent on the severity of your injury and the extent of the damage to your property. Your lawyer will assist you in calculating the value of your claim by adding up your medical expenses, which includes any future or anticipated costs, and assessing the extent of the damage to your property.It is not always easy to judge the value of a motor vehicle crash claim, but your lawyer will be diligent in constructing an argument that can support your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to come up with a fair settlement that addresses your financial needs now and in the future. needs.LiabilityIn the initial discovery phase of your case, your attorney will begin exchanging information with your adversary’s insurance company. This could include documents like accident reports and medical records, as well as witness statements, as well as expert opinions.You will be asked to provide your account of the events. We will be patient with you in the event that the trauma of an accident interferes with your ability to recall specific details. Our aim is to help you remember as much as possible so we can present a strong case for your injuries.Your lawyer could reach a settlement at this point, but it is not always feasible. If you can’t reach an agreement, your case will be tried. This could be a bench trial in front of a judge or jury, based on the jurisdiction.The cost of a lawsuit may be substantial. Insurance companies are usually required to cover the expenses of an attorney, investigator, or any other expert. Most parties want to settle claims as fast and efficiently as is possible. Settlement will close a claim for both parties and save both time and money. This is one of the main reasons why personal injury lawyers typically are on a contingent basis and don’t get paid until they resolve your case. The same goes for plaintiffs who desire to move past the injury and its aftermath.motor vehicle accident attorney elk grove of limitationsIn every lawsuit there is a time limit for filing the case known as the statute of limitation. Failing to submit a lawsuit within the period of time allowed can invalidate your claim, meaning you will not be able to recover compensation for your injuries. An experienced lawyer will be able determine the time limitations for your particular case.For example, in car accident cases the law requires that you file your claim within three years of the date of the crash. There are some exceptions to the statute of limitations. The deadline can be tolled in certain situations like if you are an under-age person and the incident involves an agency of the government.There may also be a statute of limitation tolling option in certain instances where there is doubt as to the victim’s mental state at the moment of the incident. The statute of limitations can be tolled if your attorney requests the defendant’s lawyer and the defendant to provide information via written questions called interrogatories, or formal depositions.A personal injury attorney will help ensure that your case is handled promptly and that you’re competent to gather the evidence you require to have a strong defense. Many accidents require an investigation, which can take time. Evidence can also change with time.DefensesIn any lawsuit involving the accident of a motor vehicle there are numerous defenses that may be raised. They include both factual and legal arguments. Some legal defenses are based on procedural questions, such as failure to comply with the statute of limitations. Other defenses may be based solely on the merits.Comparative negligence is a crucial factual defense. It is a legal argument that claims that the person who filed the claim should be held partially responsible for the harm or injuries they’ve suffered. Whether or not this is a valid argument will be contingent on the state’s law. Most states have a form of comparative negligent law.The defense of assumption can also be used by defendants to deny plaintiffs their right to a compensation. This argument states that the person who was injured assumed risk of injury by taking part in an activity, like working out at a gym or playing sports. This is a legitimate defense, but skilled lawyers know how to overcome this argument.Another common defense is that the victim was not able to limit their damages. For example in the event that a person is making a loss of earnings claim as part of their overall damages, the defendant can claim that the injured party should have taken the necessary steps to find work regardless of the fact that it would not have paid for their entire loss.