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Motor Vehicle Accident Lawsuit In many cases, the medical costs and other economic expenses of a person could surpass their no-fault insurance. This is where the possibility of a motor vehicle suit could play a role. The process of filing a lawsuit begins with your attorney submitting the defendant a notice. The defendant is then given the chance to respond to the complaint. Damages In a lawsuit for motor accidents damages are awarded to compensate the financial, physical and any other personal injury caused by the negligent acts of another party. In the majority of states, the tort liability system is utilized. This means that the party who caused the incident is responsible to compensate the victim for their losses. Twelve states also follow no-fault insurance laws, which oblige car owners to carry their own insurance to protect themselves from injuries they cause to others. In the initial phase of the legal process your lawyer will conduct a pre-suit inquiry to identify any potential defendants and available reasons for action. This is called discovery, and involves transferring documents and seeking information from your adversaries. It is important to remember that your adversary is trying to settle this case for the least amount of money, and it could take a while before you receive a fair settlement offer. motor vehicle accident attorney charleston of the damages you will receive in a lawsuit over a car accident will be contingent on the severity of your injuries as well as the extent of your property damage. Your lawyer will be able to help you calculate the value of your claim by adding your medical expenses, including any future or projected costs, as well as assessing the extent of the damage to your property. It can be a challenge to determine the value of a motor accident claim. But, your attorney will be able to prove your claim and ensure you receive the maximum amount of compensation. Your lawyer will engage with insurance companies in order to come up with a fair solution that addresses your current and future financial requirements. Liability During the initial discovery phase of your case, your lawyer will begin exchanging details with your adversary's insurance company. This could include documents such as accident reports, medical records and witness statements. You will also give your account of what happened. We will be patient with you when the trauma of an accident affects your ability to recall specific details. Our aim is to help you recall as much as you can so we can present a convincing case for your injuries. Your lawyer will likely negotiate a settlement at this stage, but it's not always feasible. If an agreement is not reached, your case will be taken to trial. This could be a bench trial in before a judge or jury, depending on the jurisdiction. The cost of a lawsuit can be substantial. In most cases, the insurance companies will have to pay for the cost of the lawyer, investigator, and other experts. Most parties would like to settle claims as quickly and efficiently as they can. Settlements can close a claim for both parties and save both time and money. Personal injury lawyers typically are paid on a contingency fee and will not be paid until your case is completed. Plaintiffs be looking to move on from the accident and its aftermath. Statute of limitations In every lawsuit there is a time period to file the case known as the statute of limitations. If you don't submit your lawsuit within the given time period your claim will be deemed barred. This means that you can't recover any compensation for your injuries. An experienced attorney will be able to determine the deadlines applicable to your case. For example in the case of car accidents the law requires that you submit your claim within three years of the date of the crash. However, there are a few circumstances that can alter your statute of limitations. For instance, the deadline may be extended (stopped) in certain circumstances such as when you're a minor or when the accident involves an agency of the government. There could also be a statute of limitations tolling provision in some cases when there is doubt about the mental health of the victim at the time of the incident. The statute of limitations could be tolled if your attorney asks the lawyer of the defendant and the defendant for details through written interrogatories, or formal depositions. A personal injury lawyer can help you ensure that your case is handled promptly and you are in a position to obtain the evidence you require for a successful defense. Many accidents require an investigation, which takes time. Physical evidence can also deteriorate over time. Defenses There are a range of defenses that can be raised in any motor vehicle accident lawsuit. These include factual and legal arguments. Some legal defenses are based on procedural issues, such as inability to satisfy the statute of limitations. Others may be solely based on merits. Comparative negligence is an important factual defense. This is a legal claim which states that the person who filed the claim should be held accountable for the injuries or damages they've suffered. The validity of this argument will depend on the state's law. A majority of states have enacted some form of comparative negligence law. The defense of assumption is also used by defendants to deny plaintiffs their right to a fair settlement. This is the theory that the injured party accepted the risk of injury by participating in some activity, for example, exercising in a gym or playing sports. This is a legitimate argument, however experienced lawyers know the best way to counter it. Another defense that is often 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-income claim as part of their overall damages, the defendant might claim that the injured party should have taken the necessary steps to find work regardless of the fact that it would not have been enough to make them whole.