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Motor Vehicle Accident Lawsuit In many cases, medical expenses and other financial losses can be beyond the insurance coverage they have under no-fault. This is where a motor vehicle lawsuit may come into play. The procedure of filing suit begins with the lawyer submitting a complaint to the defendant. The defendant then has the opportunity to respond to the complaint. Damages In a motor vehicle crash lawsuit, damages are awarded for physical as well as financial damage caused by another party's negligent actions. The majority of states use the tort liability system, which means that the party who caused the accident has to compensate the victim for his or her losses. Twelve states also have no-fault insurance laws, which require car owners to carry their own insurance to cover injuries they cause to others. Your lawyer will conduct an investigation prior to filing a lawsuit to identify possible liable parties and potential causes of the action. This is known as discovery and involves exchanging documents and seeking information from your adversary. Keep in mind that your adversary is attempting to settle this matter for as little as they can. It may take some time before you get an offer of a fair settlement. The amount of damages you receive for a lawsuit arising from a car accident is contingent on the severity of the injuries and the extent to which your property has been damaged. Your lawyer can help determine the value of the claim by adding up your medical expenses and any projected or future expenses. It's not always straightforward to determine the value of a motor vehicle crash claim, but your attorney will work diligently to build an argument that is strong and supports your claim to the maximum amount of compensation. Your lawyer will negotiate with insurance companies to come up with an acceptable settlement that will address your financial and future needs. Liability In the initial discovery phase of your case, your lawyer will begin sharing information with the insurance company. This includes documents such as accident reports, medical records, and witness statements. Also, you will provide your account of what transpired. We will be patient with you if the stress of an accident interferes with your ability recall details. Our goal is to assist you in remember as much information as you can in order to make a strong case on your behalf. Your lawyer could seek a settlement at this point, but it is not always possible. If you are unable to reach an agreement, the case will be decided. This could be a bench trial in before a judge or jury, based on the jurisdiction. The cost of a lawsuit could be high. Often, the insurers will have to pay for the cost of the lawyer as well as the investigator and other experts. The majority of parties wish to settle claims as swiftly and efficiently as is possible. A settlement can save both parties time and money as well as end the claim. This is the reason why personal injury lawyers typically work on a contingency basis and are not paid until they are able to settle your case. In the same way, plaintiffs want to move on from the accident and its consequences. Statute of limitations In every lawsuit there is a time limitation to file the lawsuit known as the statute of limitation. If you don't file your lawsuit within the specified time frame your claim will be denied. This means that you can't recover the damages you suffered. An experienced attorney will be able determine the timeframes for your particular case. In car accident cases for instance the law requires you to file your claim within 3 years from the date of the accident. There are a few exceptions to the statute of limitations. For instance, the deadline can be tolled (stopped) in certain situations such as when you're minor or the incident involves a government agency. There could also be a statute of limitation tolling option in certain instances where there is doubt as to the victim's mental state at the time of the incident. The statute of limitation could be tolled if your attorney asks the defendant's lawyer and the defendant to provide information via written questions known as interrogatories or formal depositions. A personal injury lawyer can help ensure that your legal claim is filed on time and that you have the evidence required for an effective defense. Many accidents require an investigation, which takes time. Furthermore, evidence found on the ground can degrade over time. Defenses In any lawsuit involving an accident involving a motor vehicle there are many defenses that can be brought up. They include both factual and legal arguments. Some legal defenses are based on procedural considerations, such as inability to satisfy the statute of limitations. Others could be based solely on the merits. Comparative negligence is a typical factual defense. It is a legal theory which asserts that the person who is filing the claim should be held responsible for the harm and injuries they've suffered. The validity of this argument will depend on the state's law. Most states have a form of comparative negligent law. 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 person who was injured assumed the risk of injury when they participated in an activity, such as working out at a gym, or playing in a sport. motor vehicle accident attorney spokane is a legitimate defense, however, experienced attorneys know how to overcome this argument. Another common defense that can be used is that the victim was unable to limit their losses. If a plaintiff claims the loss of earnings as a part of the overall damages, the defendant could argue that the injured party should have taken steps towards finding work, even if this wouldn't have made the claimant whole.