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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is required in the event that a no-fault insurer refuses to give you the amount of money you deserved to cover medical expenses and other expenses. The majority of car accident cases revolve around the issue of proving negligence. Your lawyer will work to tie the defendant's breach of duty to your losses. They will then negotiate an equitable settlement. Statute of Limitations In many states the statute of limitation determines the maximum number years that may pass after a motor car accident before an action can be filed. Failing to file a suit before the expiration of this period results in the case being time-barred and no longer recoverable. Statutes of limitation exist due to the possibility of evidence disappearing in time, memories of victims could fade, and people need to be able to move on without the risk of litigation hanging over their heads. It is essential to speak with an attorney about the time limit for filing your claim for car accidents as soon as possible. This will ensure that you submit your insurance claim prior to the deadline which is set to expire. This will also assist in preparing your lawyer for negotiations with the insurance company of the other driver. A seasoned car accident lawyer will review your state's statute of limitations to find out if there are uncommon exceptions that would allow you to pursue a lawsuit even after the deadline has been met. This could include the fact that the law permits those who are legally incompetent to have their “statute of limitations” “tolled.” Discuss motor vehicle accident attorney fort wayne with your attorney. Statutes of limitations for cases involving car accidents can also vary according to the nature of your claim against a municipal entity or government employee. In New York, for instance plaintiffs must be served with a Notice of Claim no later than 90 days following the accident. Statute of Repose A statute of repose might be thought of as a variant of the statute of limitations. It is the longest time period a plaintiff is allowed to start a lawsuit. The only reason a lawsuit could be filed outside of this timeframe is in the event that the defendant was capable of concealing or delaying the investigation of an injury or fault. Then, the victim will have to prove that the defendant was negligent in the causing of the injury and must be held accountable. Statutes of repose commence at an established date which could be the date of substantial completion or the date of the certificate of occupancy, or receipt of title. (The timing varies from state to state). Although the plaintiff and contractor may specify an alternative date for the start of the repose in the contract, it will not affect the timeframe for repose. The primary difference between a statue of limitations and the law of repose is that a statute of limitation is triggered based on the date of an wrongful act, while a law of repose is activated based on an event or act that has already occurred. This is why it's difficult to file a lawsuit for personal injuries that result from the use of old or defective products. These kinds of claims are typically not covered by statutes of repose as the products at issue have been on the market for a long period of time before a person gets hurt. This is why industries with statutes that ban claims work hard to pass laws. Damages The amount of damages given in a motor vehicle accident lawsuit is determined by the severity of the collision and any injuries suffered. The damages can be a combination of different things, including medical expenses, lost wages, property damage, in addition to future economic losses resulting from a permanent or chronic disability. A knowledgeable lawyer will be able to calculate and prove these costs and the impact they have on the family of the victim. Special or economic damages are the most straightforward to prove and have a clear dollar value associated with them. Non-economic damages like the pain and suffering are difficult to quantify. A judge 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 be affecting you in the future. If you're claiming damages, you will need to prove that your injury was the result of the crash and that it was a direct result of the negligence of a third party. Different states have different doctrines that allow the defendant to limit or eliminate your claim depending on their level of negligence in the accident. The defendant could also employ any number of other defenses to avoid liability, like arguing that the plaintiff was not a driver at the time of the crash or that they failed to adhere to traffic laws. Attorney's Fees Many personal injury lawyers offer a contingency fee agreement which means that you do not need to make any upfront payments to hire an attorney to represent you. This helps car accident victims who are struggling financially and might not be able to afford upfront legal fees for their case. The amount of contingency fees the attorney charges depends on a variety of variables. The fees charged by an attorney will be based on a variety of factors, such as the level of expertise and complexity of the case. Additionally, whether the matter settles outside of court or has to go to trial could affect the total amount that is charged. In the majority of instances, the attorney's fee ranges from 33% to 40% of a plaintiff's final settlement amount or judgment. However, a few attorneys will only charge a lower percentage of the settlement amount. If your lawyer has incurred expenses for your case, these are subtracted from the final settlement prior to the attorney's percentage is calculated. In this case the case of a car accident, if the settlement was $100,000 and the lawyer incurred $10,000 in costs the attorney would be paid $60,000 as their final settlement ($100,000 – 10,000 – $30,000). Car accidents can be extremely devastating for victims who are forced to pay medical bills or worry about future healthcare costs. A Harlem lawyer for car accidents will help you secure the money you need to cover these expenses and ease the financial burden following a accident.