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How to File a Motor Vehicle Lawsuit If a nofault insurance company refuses to pay you the money you are entitled to for medical expenses and other damages a motor car lawsuit could be required The majority of car accident cases are centered around the issue of proving negligence Your lawyer will attempt to link the defendants breach in duty to your loss They will then negotiate a fair settlement Statute of Limitations In the majority of states the statute of limitations determines the maximum number years that can be allowed to pass following an accident in the car before a lawsuit may be filed If you do not make your claim within this time frame the case will be barred It is no longer recoverable Statutes of limitation exist because evidence may vanish with time the victims memories might fade and victims need to go on with their lives without the risk of a lawsuit hanging over their heads It is crucial to speak with an attorney regarding the deadline for filing your car accident claim as soon as possible This will ensure that you are able to file your insurance claim before the deadline that is due to expire This will also allow you to prepare your lawyer for negotiations with the insurance company of the other driver An experienced lawyer for car accidents can go over your states statute of limitations to determine if there are special exceptions that allow you to file a lawsuit after the deadline has passed This could be the case if the law allows for people who are legally disabled to have their statute of limitations tolled It is important to discuss this with your attorney The time limit for car accidents can differ depending on whether youre suing a municipal entity or a government employee For instance the City of New York requires plaintiffs to provide a Notice of Claim within 90 days of their accident date Statute of Repose A statute of repose is basically the statute of limitations for steroids It is the longest period of time that a plaintiff can sue A lawsuit can be filed outside this time limit in the event that the defendant is able to conceal an injury or delay the discovery The plaintiff will then need to prove the defendants culpability in creating the injury Statutes of repose are in effect from the date that is specified that includes substantial completion a certificate of occupancy or receipt of title the timeframe varies according to the state The statute of repose isnt affected by the fact that the plaintiff and the contractor can specify an alternative date in the contract The major difference between a statute repose and a statute limitations is that a statute of limitations is triggered at the time that an omission or act of wrongful conduct occurred whereas the statute of repose is caused by an event or event which has already occurred This is the reason it can be difficult to bring a lawsuit for personal injuries resulting from old or defective products These kinds of claims are usually barred by statutes of repose since the products in question have been in use for many years before someone is injured This is why lobbyists from industries with statutes of repose have to work hard to get these laws passed Damages The damages granted in a motor car accident lawsuit is determined by the severity of the collision and any injuries sustained The claims can cover many diverse things such as medical expenses lost wages and property damage as well as future economic losses due a permanent or chronic disability A competent lawyer will be able to determine and prove these costs and their impact on the family of the victim Special or economic damages are the easiest to prove and have a specific dollar value attached to them Noneconomic damages such as the pain and suffering are difficult to quantify A judge or jury will determine their value based on the severity of your injuries the impact they have had on your life and how likely they are to be affecting you in the future If you want to claim damages youll have to show that your injury was directly caused by the accident and that it was the fault or responsibility of a third party Different states have different laws which allow the defendant to reduce your compensation or completely eliminate it depending on the degree of blame they were attributable to the incident The defendant could also resort to several other defenses to avoid liability For motor vehicle accident attorney aurora might argue that the plaintiff was not driving at the time of accident or that they failed to follow traffic laws Attorneys Fees Many personal injury lawyers provide an arrangement that is contingent on the outcome of your case This means that you dont have to pay a fee upfront to retain an attorney This is a great option for car accident victims who might be financially struggling and are unable to pay upfront legal costs The amount that an attorney charges as a contingency fee depends on a variety of factors For instance the lawyers level of skill and how complex the case is can affect the fees they charge Also whether the case settles outside of court or requires going to trial can affect the total amount that is charged In most cases the attorneys fees ranges from 33 to 40 percent of a plaintiffs settlement amount or judgment However a few attorneys are only charged a lower percentage of the settlement amount If your lawyer has to incur costs in your case these are deducted from the final settlement prior to the attorneys percentage is calculated In this instance for instance if your car crash settlement was 100000 and the attorney was charged 10000 in expenses they would receive 60000 as their last payment 100000 10000 30000 Car accidents can be very devastating for victims who must pay medical bills or worry about future healthcare costs A Harlem lawyer in a car crash can help you get the money you need to cover these expenses and ease the financial burden following a crash
