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Motor Vehicle Accident Lawsuit In many instances, the medical costs and other losses a person suffers will surpass their no-fault insurance. This is where a motor vehicle lawsuit might come into play. The process of filing suit begins by sending an accusation to the defendant. The defendant is then given the chance to respond to the complaint. Damages In a lawsuit involving a motor accident damages are awarded to compensate for the financial, physical and other personal injuries caused by the negligent acts of another party. Most states operate under the tort liability system which means that the party responsible for the accident must compensate the victim for his or her losses. Twelve states also follow no-fault insurance laws, which oblige car owners to carry their own insurance to cover any injuries they cause to others. In motor vehicle accident attorneys denver of the legal process your lawyer will conduct a pre-suit investigation to identify potential liable parties and the possible reasons for action. This is called discovery, and it involves exchanging papers and seeking information from your adversary. It is crucial to keep in mind that your adversary is trying to resolve this case with the least amount of money, and it could take some time before you receive an acceptable settlement offer. The amount of the damages you will receive in a lawsuit for car accidents will depend on the severity of your injury and the amount of property damage. Your lawyer can help determine the value of the claim by adding up your medical expenses as well as any future or anticipated expenses. It's not always straightforward to judge the value of a motor vehicle accident claim, but your lawyer will do their best to create a strong case that supports your claim to the maximum amount of compensation. Your lawyer will discuss with insurance companies to negotiate a fair settlement that addresses your current and future financial requirements. Liability In 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 be asked to provide your version of the events. We will be patient with you if the trauma of an accident interferes with your ability to recall specific details. Our goal is to help you remember as much as is possible so that we can make a convincing case for your injuries. Your lawyer is likely to come to a settlement by this point, but it is not always feasible. If a settlement isn't reached, your case will be brought to trial. It could be a trial before either a jury or a judge or both, depending on your jurisdiction. The cost of a lawsuit can be high. Often, the insurers will have to pay for the cost of the lawyer, investigator, and other experts. In this way, the majority of parties would like to resolve their claims as quickly as they can. A settlement will save both parties time and money as well as end the claim. This is one of the reasons that personal injury lawyers usually work on a contingency basis and are not paid until they have resolved your case. Equally, plaintiffs wish to move on from the injury and its aftermath. Statute of limitations In every lawsuit there is a time limitation to file the lawsuit called the statute of limitations. Failure to file a lawsuit within the appropriate time frame can bar your claim, meaning that you are not able to claim compensation the damages you suffered. An experienced lawyer can establish the exact timeframe for your case. For instance, in car accident cases the law requires you file your claim within three years of the date of your crash. However, there are several exceptions that could affect the time limit for filing a claim. For instance, the deadline can be tolled (stopped) in certain circumstances such as when you are minor or the accident involves the services of a government agency. There may also be a statute of limitation tolling option in certain instances when there is doubt about the mental health of the victim at the moment of the incident. The statute of limitations can be tolled if your attorney asks the lawyer of the defendant and the defendant to provide information through written interrogatories, or formal depositions. A personal injury attorney can assist you in ensuring that your case is filed promptly and that you are capable of obtaining the evidence that you need to be able to defend yourself effectively. Many wrecks need an investigation, which can take time. Evidence can also change with time. Defenses In any case involving a motor vehicle accident there are numerous defenses that may be raised. These include factual and legal arguments. Some of these legal defenses could be based upon procedural issues like a failure to meet the deadline for filing, while others could be based on the merits of a particular case. The concept of comparative negligence is a common factual defense. This is a legal defense which states that the person who filed the claim should be held partially accountable for the injuries or damages they've suffered. The validity of this argument will depend on the law of the state. Most states have a form of comparative negligent law. The defense of assumption can also be used by defendants to deny plaintiffs the right to a fair settlement. The argument is that the plaintiff assumed risk of injury by participating in an activity like working out in a gym or participating in sports. This is a valid defense, but experienced attorneys are adept at overcoming this argument. Another defense that is often used is that the injured person was not able to limit their damages. If someone asserts an income loss as a component of damages, the defendant might argue that the injured person should have taken steps towards finding work, even if this did not make the claimant whole.