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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is needed in the event that a nofault insurer refuses to pay you the compensation you deserve for medical bills and other expenses motor vehicle accident lawyer missouri of car accident cases are centered around the proof of negligence Your lawyer will connect the defendants breach of duty to your losses Then they will negotiate an acceptable settlement Statute of Limitations In most states the statute of limitations defines the maximum amount of years after a motor vehicle accident during which an action can be filed If you do not file a lawsuit within this time frame will result in the case becoming closed and not able to be recovered Statutes of limitation are necessary because evidence could disappear in time memories of victims might fade and people want to be able to move on without the fear of litigation hanging over their heads It is recommended to consult with an attorney as soon as possible regarding the statutes of limitations that apply to your car accident claim This will ensure you can file your insurance claim before the deadline is up This will also assist in preparing your lawyer for negotiations with the insurance company of the other driver An experienced car accident lawyer will be able to review the statute of limitations for your state to determine if there are any uncommon exceptions that would allow you to pursue a lawsuit even after the deadline has passed This could include the time that the law allows those who are legally incompetent to be granted a statute of limitations tolled Discuss this with your attorney Statutes of limitation for car accident claims can also differ depending on the nature of your claim against an organization that is a government employee In New York for example plaintiffs must be served with the Notice of Claim no later than 90 days after the incident Statute of Repose A statute of repose may be viewed as a variant of the statute of limitations It is the longest period a plaintiff is allowed to file a lawsuit The only reason why a lawsuit would ever be filed outside of this period is when the defendant is in a position to conceal or delay the discovery of an injury or fault The victim will need to prove that the defendant was negligent in creating the injury and needs to be held accountable Statutes of repose are in effect from a specific time such as the date of substantial completion or the certificate of occupancy or receipt of title The time frame varies from state to state Although the plaintiff and contractor may stipulate an alternative date for the start of the repose in the contract this does not alter the duration of the statute of repose The major difference between a statute of repose and a statute of limitations is that the statute of limitations triggers by the date on which an act of negligence or omission occurred whereas a statute of repose is triggered by an event or act that has already occurred This is why it can be difficult to bring a suit for personal injuries that result from the use of old or defective products These kinds of claims are generally not covered by statutes of repose since the products involved have been on the market for a long period of time before a person gets injured This is why businesses with statutes that prohibit claims work so hard to pass these laws Damages The severity of the incident and the damage sustained will determine the amount of damages which are awarded in a vehicle accident lawsuit These claims can include various things including medical expenses lost wages property damage and the potential for economic losses resulting from the longterm or chronic injury A knowledgeable lawyer will be able determine and prove these costs and their effect on the victim and their family Special or economic damages are the easiest to prove and have a specific dollar value associated with them Noneconomic damages like pain and discomfort are more difficult to quantify A jury or judge will decide their value according to the severity of the injuries and their impact on your life If youre looking to claim damages youll need to show that your injury was directly triggered by the accident and that it was the fault or responsibility of a third party Different states have different rules which allow defendants to reduce or eliminate your claim according to their level of blame in the incident The defendant could also resort to various other defenses in order to avoid liability For example they might argue that the plaintiff didnt drive at the time of the accident or that they failed to follow traffic laws Attorneys Fees Many personal injury lawyers offer a contingencyfee arrangement which means that you do not have to pay a fee upfront to engage an attorney This is an excellent option for those who have been injured in a car accident and might be in financial trouble and are unable to pay upfront legal costs The amount of a contingency fee paid by an attorney is based on a myriad of factors The fees that an attorney charges will depend on various factors such as the degree of expertise and the complexity of the case Additionally whether the matter settles outside of court or has to go to trial could affect the total amount charged In the majority of cases the attorneys fees can be anywhere from 33 to 40 of the final settlement or judgment Some attorneys charge a lesser percentage of the settlement If your lawyer has to incur costs for your case these are deducted from the final settlement prior to the attorneys percentage is calculated In this case the attorney would be paid 60000 if the settlement you received for your car accident was 100000 and he had been charged 10000 for his expenses 10000001000030000 Car accidents can be extremely devastating for victims who must pay medical bills or worry about future healthcare costs A professional Harlem lawyer can assist you in obtaining the funds needed to pay for these expenses and ease the financial burden following a crash
