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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is necessary when a no-fault insurance company refuses to pay you the compensation you deserve for medical expenses and other expenses. The majority of car accident cases hinge on the issue of proving negligence. Your lawyer will link the defendant's breach of duty to your loss. They will then negotiate an equitable settlement. Statute of Limitations In the majority of states, a statute of limitation determines the maximum number of years following a motor vehicle accident during which an action can be filed. If you do not file your lawsuit within this period, the case will be barred. It's no longer recoverable. Statutes of limitations exist because evidence may vanish in time, victims' memories might disappear, and people need to continue living their lives without the threat of a lawsuit hanging over them. It is important to speak with an attorney regarding the statute of limitations for your claim for car accidents early as you can. This will ensure that you are able to submit your insurance claim before the deadline running out. This will also prepare your lawyer for negotiations with the insurance company of the other driver. A car accident lawyer with experience can review the statute of limitations in your state to determine if you're eligible for any of the rare exceptions that could allow you to file a claim after the deadline. This could include the period that the law allows people who are legally disabled to have their statute of limitations “tolled.” It is essential to discuss this with your attorney. Limitations on time for car accident cases can also vary according to whether you're filing a claim against an official of a municipality or government employees. In New York, for example plaintiffs are required to serve the Notice of Claim no later than 90 days after the accident. Statute of Repose A statute of repose can be described as an extension of time on steroids. It is the longest time that a plaintiff can file a lawsuit. The only reason why a lawsuit could be filed outside of this timeframe is when the defendant was able to hide or delay the investigation of an injury or fault. The plaintiff will then need to prove the defendant's negligence in causing the injury. Statutes of repose begin at a specific date like substantial completion, a certificate of occupancy, or the receipt of title (the timeframe varies according to the state). The statute of repose isn't affected by the fact that the plaintiff and the contractor can specify a different date in the contract. The major distinction between a statue of limitations and the law of repose is that a statute of limitations is activated based on the date of the wrongful act, while a law of repose is triggered based on an event or a wrongful act that has already occurred. This is why it's difficult to file a lawsuit for personal injuries resulting from old or defective products. Statutes of Repose typically block such claims because the products have been in the market for a long time before anyone is injured. This is why lobbyists for industries that have statutes of repose work hard to pass these laws. Damages The severity of the accident and the injuries sustained will determine the amount of damages that are awarded in a car accident lawsuit. The damages awarded can cover a variety of different things such as medical costs and lost wages, property damage, and future economic losses as a result of an ongoing or permanent injury. A lawyer who is skilled can calculate and prove the costs, and their impact on victims and their families. Special or economic damages are the most straightforward to prove and have a specific dollar value associated with them. Non-economic damages, such as suffering and pain are more difficult to quantify. motor vehicle accident law firm concord or jury will determine their value in relation to the severity of your injuries, the effect they have had on your life and the likelihood that they'll remain in your life in the future. If you're looking to claim damages, you'll need prove that your injury was directly caused by the accident and that it was the fault of a different party. Different states have different doctrines which may allow the defendant to decrease your claim or eliminate it based on how much responsibility they incurred in the incident. The defendant could also employ many other defenses to avoid liability, such as asserting that the plaintiff was not an active driver at the time of the collision or that they failed to adhere to traffic laws. Attorney's Fees Many personal injury lawyers offer the option of a contingency fee, which means that you don't have to pay a fee upfront to hire an attorney. This can be beneficial to victims of car accidents who are financially struggling and aren't able to afford upfront legal fees for their case. The amount of a contingency fee paid by an attorney is based on a myriad of factors. The fees charged by an attorney will depend on various factors, such as the level of expertise and complexity of the case. The total fee charged could be affected by whether the case is resolved outside of the courtroom, or requires a trial. In the majority of cases, the attorney's fees is anywhere between 33% and 40% of a plaintiff's final settlement award or judgment. Some attorneys charge a lower percentage of the settlement. Before calculating the attorney's share, the costs paid by your lawyer in the case are taken out. In this instance for instance, if your car crash settlement was $100,000, and the attorney had $10,000 in expenses and they were awarded $60,000 as their final compensation ($100,000 – 10,000 – $30,000). Car accidents can be devastating to victims who must pay medical bills or worry about future care costs. A qualified Harlem lawyer can assist you in obtaining the funds to pay these costs and ease your financial burden after a crash.