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Motor Vehicle Accident Lawsuit In many instances the medical expenses and other economic expenses of a person could outstrip their nofault insurance A motor vehicle lawsuit may be the best choice in this instance The process of filing a lawsuit starts with your attorney submitting the defendant a complaint The defendant has the option to respond to your complaint Damages In a lawsuit for motor accidents damages are awarded to cover the financial physical and any other personal injury resulted from the negligence of another party In most states the tort liability system is used This means that the party responsible for the accident is required to pay the victim for their losses Twelve states also have nofault insurance laws that require car owners to have their own insurance to cover injuries they cause to others In the beginning of the legal process your attorney will conduct a presuit probe to identify possible liable parties and potential reasons for action This process is known as discovery It involves exchanging documents with your adversaries and requesting information Be aware that your adversary will try to settle the case for as little as is possible It could take a bit of time before you get an offer of a fair settlement The amount of the damages you will receive in a car accident lawsuit will be contingent on the severity of your injury as well as the amount of property damage The lawyer you hire can help calculate the value your claim by adding your medical expenses as well as any projected or future expenses It can be difficult to determine the value of a car accident claim But your attorney will work hard to support your claim and secure the maximum amount of compensation Your lawyer will negotiate with insurance companies to negotiate a fair settlement that meets your current and future financial requirements Liability During the initial discovery phase of your case your attorney will begin to share details with your adversarys insurance company This could include documents such as accident reports medical records and witness statements You will also share your version of what happened The trauma of an accident could hinder your ability to recall details but we will be patient and understanding Our goal is to help you remember as much as you can so we can present a strong argument for your damages At this point your lawyer will likely negotiate a settlement However it is not always feasible If you cannot reach an agreement the case will be decided This could be a bench trial in front of a judge or a jury based on the jurisdiction A lawsuit can be costly Insurance companies are usually required to cover the costs of an attorney investigator or any other expert For this reason most parties want to settle their claims as swiftly as they can A settlement will end a case for both sides and save everyone time and money This is one of the main reasons that personal injury lawyers usually operate on a contingency fee and are not paid until they have resolved your case Plaintiffs will also want to get past the accident and the aftermath Statute of Limitations In every lawsuit there is a specific time limit for filing the case known as the statute of limitations Failing to start a lawsuit within the proper time frame could halt your claim which means you cannot recover the damages you suffered An experienced lawyer will be able determine the time limitations applicable to your case In cases involving car accidents for instance the law requires you to file your claim within 3 years of the date of the incident However there are a few circumstances that can alter your statute of limitations The deadline can be tolled in certain circumstances like when you are minor and the event involves an agency of the government There may also be a statute of limitations tolling provision in certain cases where there is doubt as to the mental health of the victim at the moment of the incident The statute of limitations can be tolled if your attorney asks the defendants lawyer and the defendant for details through written questions called interrogatories or formal depositions A personal injury lawyer can help ensure that your legal case is filed in time and that you have the evidence you need for a strong defense Many accidents require an investigation which takes time Additionally evidence from the physical can deteriorate over time Defenses In any lawsuit involving a motor vehicle accident there are a variety of defenses to be raised These include factual and legal arguments Some legal defenses are based on procedural questions such as failure to comply with the statute of limitations Others could be based solely on the merits Comparative negligence is an important factual defense This is a legal defense which asserts that the injured person who files the claim should be held partly responsible for the harm or injuries theyve suffered If this is a valid argument will be contingent on the law of the state The majority of states have adopted a kind of law governing comparative negligence Defendants can also rely on the defense of assumption of risk to try and strip plaintiffs of their right to compensation This argument states that the plaintiff was at risk of injury through engaging in an activity such as exercising in a gym or participating in sports motor vehicle accident attorney nashua is a legitimate defense however highly skilled lawyers are able to circumvent this argument Another common defense that could be used is that the victim failed to mitigate their losses For example If a person filing a loss of earnings claim as part of their total damages the defendant might argue that the injured party should have taken steps to find work regardless of the fact that it would not have paid for their entire loss
