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Motor Vehicle Accident Lawsuit In many cases, a person's medical expenses and other economic damages will be more than the insurance coverage they have under no-fault. A motor vehicle suit may be the best option in this situation. The process of filing suit starts with your lawyer sending a complaint to the defendant. The defendant is given the chance to respond to your complaint. motor vehicle accident attorneys raleigh In a lawsuit for motor accidents damages are awarded to compensate the financial, physical, and other personal injuries caused by the negligent acts of another party. Most states follow the tort liability system which means that the person who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault laws for insurance, which require car owners to carry their own insurance in order to cover the injuries they cause to other people. Your lawyer will conduct an investigation prior to filing a lawsuit to determine at-fault parties and possible causes of the action. This process is known as discovery. It involves exchanging documents with your adversaries and seeking information. Remember that your opponent is attempting to settle this matter for as little as is possible. It could take a bit of time before you receive an offer of an acceptable settlement. The amount of damages you are awarded in a lawsuit for car accidents will be contingent on the severity of your injuries and 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, which includes any future or anticipated costs, and assessing the extent of the damage to your property. It is not easy to assess the value of a car accident claim. But, your attorney will work hard to support your claim and ensure you receive maximum compensation. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that takes into account your financial and future needs. Liability During the initial discovery phase of your case, your lawyer will begin exchanging information with the insurance company of your adversary. This includes documents like accident reports and medical records, as well as witness statements, as well as expert opinions. You will be asked to share your account of the incident. We will be patient with you when the trauma of an accident interferes with your ability recall details. Our aim is to assist you remember as much as possible so we can build a strong case for your injuries. Your lawyer could come to a settlement by this stage, but it's not always feasible. If you fail to come to an agreement, your case will be argued. This could be a bench trial front of a judge, or a jury, depending on the jurisdiction. A lawsuit can be costly. Often, the insurers will have to cover the costs of the lawyer, investigator, and other experts. In this way, the majority of parties are looking to settle their claims as fast as possible. A settlement can end a case for both parties and save both time and money. This is the reason that personal injury lawyers usually are on a contingent basis and are not paid until they have resolved your case. In the same way, plaintiffs desire to move past the injury and its aftermath. Statute of Limitations The statute of limitations is the period of time for filing an action. Failure to file a lawsuit within an appropriate timeframe can halt your claim, meaning you won't be able to seek compensation the damages you suffered. An experienced attorney can help you determine the time frame for your case. In cases involving car accidents for instance the law obliges you to file your claim within 3 years from the date of the accident. There are some exceptions to the statute of limitations. The deadline may be tolled in certain situations like when you are an under-age person and the incident involves an agency of the government. In some instances there could be a provision tolling the statute of limitations in cases where the condition of the victim at the time of the accident is unclear. The statute of limitations can be tolled if your attorney requests the lawyer for the defendant and the defendant to provide information via written questions called interrogatories, or formal depositions. A personal injury lawyer can ensure that your legal claim is filed in time and that you have access to the evidence you require for a strong defense. Many wrecks need an investigation, which can take time. The physical evidence can also degrade over time. Defenses There are a myriad of 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 issues for example, not meeting the statute of limitations. Others may be solely based on merits. Comparative negligence is a typical factual defense. This is a legal argument that argues that the injured person who filed the claim should be held accountable for the harm and injuries they have suffered. The validity of this argument an acceptable argument will depend on the laws of the state. The majority of states have adopted a form of comparative negligence law. Defendants often use the defense of assumption of risk to try and take away plaintiffs' rights to compensation. This argument states that the plaintiff assumed risk of injury by participating in a sport such as exercising in a gym or participating in sports. This is a valid defense, but experienced lawyers are adept at overcoming this argument. Another defense that may be used is that the party who was injured failed to mitigate their losses. For instance in the event that a person is filing a loss of earnings claim as part of their total damages, the defendant could argue that the person who was injured should have taken the necessary steps to find work even if it would not have compensated them fully.