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How to File a Motor Vehicle Lawsuit If a no fault insurer refuses to pay the amount you deserve for medical bills and other expenses a motorvehicle lawsuit could be required The majority of car accident cases revolve around the need to prove negligence Your lawyer will work to connect the defendants breach of duty to your loss They will then negotiate an equitable settlement Statute of Limitations In many states the statute of limitation determines the maximum amount of time that may pass after an accident in a motor vehicle before an action can be filed Failing to file a suit before the expiration of this period is a sign that the case has been closed and not able to be recovered The statute of limitations are necessary because evidence could disappear in time memories of victims may fade and individuals need to be in a position to move on without the threat of litigation hanging over their heads It is recommended to consult with an attorney as early as you can regarding the limitations on time that apply to your auto accident claim This will ensure you can submit your insurance claim before the deadline expiring It will also assist your lawyer prepare for negotiations with the insurance company of the other driver company An experienced car accident lawyer will be able to review the statute of limitations in your state to determine if there are rare exceptions that could allow you to pursue a lawsuit even after the deadline has been met This could include the fact that the law allows those who are legally incapable to be granted a statute of limitations tolled Discuss this with your attorney Statutes of limitation for car accidents may also differ depending on whether you are making a claim against an organization that is a government employees For instance the City of New York requires plaintiffs to provide a Notice of Claim within 90 days of their accident date motor vehicle accident lawsuit ventura of Repose A statute of repose is basically an extension of time on steroids It is the most timebound period of time a plaintiff is allowed to bring a lawsuit A lawsuit is only filed in excess of this time limit in the event that the defendant has the ability to hide an injury or delay discovery 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 are in effect from an unspecified date such as substantial completion certificate of occupancy or a receipt of title the time frame varies by state While the plaintiff and contractor may choose to specify a different start date in the contract this does not affect the timeframe for repose The major difference between a statue of limitations and the law of repose is that a statute of limitations is activated upon the date of a wrongful act whereas a law of repose is initiated based on an event or action which has already occurred This is why its difficult to bring a lawsuit for personal injuries caused by old or defective products Statutes of repose usually bar such claims because the products have been on the market for many years before anyone gets injured This is why industries with statutes which prohibit claims must work hard to pass these laws Damages The amount of damages granted in a motor car accident lawsuit is determined by the severity of the crash and any injuries sustained The damages can be a combination of diverse things such as medical expenses lost wages and property damage as well as the potential economic loss resulting from an ongoing or chronic disability A competent lawyer will be able estimate and prove these expenses and their effect on the victim and their family Economic or special damages can be easily proven and are able to be quantified in terms of dollar value Noneconomic damages such as pain and suffering are more difficult to quantify A judge or jury will decide their value in relation to the severity of your injuries the impact they have had on your life and the likelihood that they will continue to affect you in the future If youre looking to claim damages youll need to prove 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 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 resort to several other defenses to avoid liability For instance they might argue that the plaintiff wasnt driving at the time of the accident or that they did not follow traffic laws Attorneys Fees Many personal injury lawyers offer a contingency fee agreement which means that you do not have to pay upfront for an attorney to represent you This is a great solution for those who have been injured in a car accident and might be in financial trouble and cannot afford upfront legal fees The amount of contingency fees that an attorney charges is contingent on a variety of factors The amount an attorney charges will depend on several aspects such as the degree of expertise and the complexity of the case The amount of money charged can be affected by whether the case is settled outside of the court or requires a trial In most instances the attorneys fee is usually between 33 and 40 of the final settlement award or judgement Some attorneys charge a lower percentage of the settlement Before calculating the attorneys share the expenses incurred by your lawyer for your case are deducted In this case in the event that your car accident settlement was 100000 and the attorney had 10000 in expenses that would result in 60000 as their final settlement 100000 10000 30000 Car accidents can be extremely devastating for victims who are forced to pay medical bills or worry about the future costs A Harlem car crash lawyer can help you get the money needed to cover these expenses and ease your financial burden following a crash
