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Motor Vehicle Accident Lawsuit In the majority of cases, medical expenses and other financial losses can be beyond their insurance coverage that is no fault. A motor vehicle lawsuit could be the best choice in this instance. The process of filing a lawsuit begins by sending your attorney to the defendant a lawsuit. The defendant then has a chance to respond to the complaint. motor vehicle accident law firm norfolk In a lawsuit involving a motor accident, damages are awarded to cover the financial, physical and other personal injuries caused by the negligent actions of a third party. The majority of states have a tort liability system which means that the person responsible for the incident must pay compensation to the victim for his or her losses. Twelve states also follow no-fault insurance laws that require car owners to have their own insurance in order to cover the injuries they cause to others. Your lawyer will conduct an investigation prior to filing a lawsuit to identify any at-fault parties and possible causes of the action. This is referred to as discovery and involves exchanging documents and requesting information from your adversary. It is crucial to remember that your adversary is trying to resolve this dispute for the smallest amount possible, therefore it could take some time before you receive a fair settlement offer. The amount of damages you'll receive in a car accident lawsuit will depend on the seriousness of your injury as well as the amount of property damage. Your lawyer will be able to assist you in calculating the value of your claim by adding your medical expenses, including any future or projected costs, and evaluating the extent of the damage to your property. It's not always easy to determine the worth of a motor vehicle accident claim, but your lawyer will be diligent in constructing an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with the insurance companies to negotiate an equitable settlement that takes into account your current and future financial needs. Liability In the initial discovery phase of your case, your lawyer will begin exchanging information with your adversary's insurance company. This will include documents such accident reports, medical records, and witness statements. 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 assist you recall as much as possible so we can present a strong case for your injuries. At this point, your lawyer will most likely negotiate an agreement. However, it's not always feasible. If you cannot reach an agreement, your case will be decided. It could be an in-person trial before jurors, judges or both, depending on the jurisdiction you are in. The cost of a lawsuit can be substantial. Insurance companies are usually required to pay for the expenses of an attorney, investigator, or any other expert. This is why the majority of parties want to resolve their claims as quickly as possible. Settlement will close a claim for both sides and save everyone time and money. This is one of the reasons why personal injury lawyers generally operate on a contingency basis and don't get paid until they have resolved your case. Equally, plaintiffs desire to move past the accident and its consequences. Statute of Limitations The statute of limitations is the time limit for filing a lawsuit. Failing to file a lawsuit within the period of time allowed can invalidate your claim, which means you are not able to claim compensation the damages you suffered. An experienced attorney can determine the time frame for your particular case. In car accident cases for instance, the law requires you to file your claim within 3 years from the date of the accident. There are a few 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 provision in some cases in the event of doubt regarding the mental health of the victim at the time of the accident. Additionally, the statute of limitations could be extended during the process of discovery when your attorney requests information from the defendant and their lawyers through written questions referred to as interrogatories or through a formal deposition or testimonies. A personal injury lawyer can help ensure that your legal case is filed in time and that you have access to the evidence you require for an effective defense. Many accidents require an investigation, which can take time. Additionally, evidence that is physical can deteriorate over time. Defenses In any case involving a motor vehicle accident there are a variety of defenses that may be brought up. These include both legal and factual arguments. Some legal defenses are based on procedural concerns like failure to comply with the statute of limitations. Others may be solely based on merits. Comparative negligence is a crucial factual defense. It is a legal argument which asserts that the person who filed the claim should be held partially responsible for the damage and injuries they have suffered. The validity of this argument is contingent on the law of the state. Many states have enacted a type of comparative negligence law. The defense of assumption is also used by defendants to deny plaintiffs the right to a fair settlement. This is the theory that the injured party took on the risk of injury by participating in an activity, such as working out at a gym, or playing a sport. This is a valid argument, but experienced lawyers know the best method to resolve it. Another common defense that could be used is that the party who was injured did not adequately compensate for their losses. If a person claims an income loss as a component of damages, the defendant could claim that the person who was injured should have taken steps towards finding work, even though this did not make the claimant whole.