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Motor Vehicle Accident Lawsuit In many cases, medical costs and other economic losses a person suffers will override their no-fault protection. This is where a motor vehicle lawsuit could play a role. The procedure of filing a lawsuit begins by sending your attorney to the defendant a lawsuit. The defendant has the opportunity to respond to your complaint. Damages In a motor vehicle accident lawsuit, damages are awarded in the event of physical and financial harm caused by a third party's negligent actions. In most states the tort liability system is utilized. This means that the party who caused the accident is liable to compensate the victim for their losses. Twelve states have no-fault insurance, which obliges car owners to have insurance to compensate for any injuries they may cause. In the initial stage of the legal process your attorney will conduct a pre-suit probe to determine liable parties and possible reasons for action. This is referred to as discovery and it involves exchanging papers and requesting information from your adversary. Remember that your adversary is trying to settle this matter for as little as possible. It may take some time before you receive an offer of an acceptable settlement. The amount of compensation you receive from a car accident lawsuit depends on the extent of the injury and the extent to the extent that your property has been damaged. Your lawyer can help determine the value of your claim by adding your medical expenses as well as any future or projected costs. It's not always straightforward to judge the value of a motor vehicle crash claim, but your attorney will do their best to create a strong case that supports your claim for the most compensation. Your lawyer will negotiate with the insurance companies to come up with an equitable settlement that meets your present and future financial requirements. Liability During the initial discovery phase of your case, your lawyer will begin to exchange information with your adversary's insurance company. This will include documents like accident reports, medical records and witness statements. You will be asked to provide your version of the events. We will be patient with you when the trauma of an accident affects your ability to remember details. Our goal is to assist you in recall as much information as possible to be able to present an argument on your behalf. motor vehicle accident law firm illinois may reach a settlement at this point, but it is not always possible. If you fail to come to an agreement, your case will be decided. This could be a bench trial before a judge or jury, depending on the jurisdiction. A lawsuit can be expensive. Often, the insurers will have to pay for the cost of the lawyer and investigator as well as other experts. This is why the majority of parties wish to settle their claims as fast as possible. A settlement will save both parties money and time and make the claim more streamlined. This is one of the main reasons why personal injury lawyers generally operate on a contingency basis and are not paid until they settle your case. Plaintiffs will also want to get past the incident and its aftermath. Statute of Limitations The statute of limitations is the time frame for filing an action. Failure to submit a lawsuit within the appropriate time frame can bar your claim, meaning that you won't be able to seek compensation for your injuries. An experienced lawyer can establish the exact timeframe for your particular case. For example in the case of car accidents the law requires you file your claim within three years from the date of your accident. There are a few exceptions to the statute of limitations. For instance, the deadline can be extended (stopped) in certain circumstances such as when you're minor or if the accident involves an agency of the government. In certain cases there could be a provision allowing the statute of limitations if the victim's state of mind at the time of an 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 case is filed in time and that you have the evidence required for a strong defense. Many wrecks require an investigation, which can take time. Physical evidence may also become less reliable with time. Defenses In any lawsuit that involves the accident of a motor vehicle there are many defenses that may be brought up. They comprise both factual and legal arguments. Some legal defenses are based on procedural questions for example, failure to meet the statue of limitations. Others could be solely based on merits. Comparative negligence is an important factual defense. This is a legal defense which states that the person who filed the claim should be held responsible for the injuries or damages they have sustained. Whether or not this is a valid argument will depend on state law. Many states have a type of comparative negligent law. The defense of assumption can also be used by defendants to deny plaintiffs their right to compensation. This is the argument that the injured party took on the risk of injury when they participated in some activity, for example, training at a gym or playing a sport. This is a valid argument, however experienced lawyers know the best way to counter it. Another common defense that could be used is that the injured party failed to mitigate their losses. For instance, if a person is filing a loss of earnings claim as part of their overall damages, the defendant can argue that the person who was injured should have taken steps to find work even if it could not have made them whole.