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How to File a Motor Vehicle Lawsuit If a no-fault insurer is unable to pay you the compensation you deserve for medical bills and other losses, a motor vehicle lawsuit may be necessary. The majority of car crash cases revolve around the issue of proving negligence. Your lawyer will attempt to link the defendant's lapse in duty to your losses. They will then negotiate a fair settlement. Statute of limitations In the majority of states, a statute of limitations defines the maximum amount of years following an automobile accident, within which the lawsuit can be filed. If you do not file a lawsuit within this timeframe is a sign that the case has been irrecoverable and time-barred. The statute of limitations exist due to the possibility of evidence disappearing over time, victim's memories can fade, and individuals want to be capable of moving on without the fear of litigation hanging over their heads. It is important to speak with an attorney regarding the deadline for filing your claim for car accidents as soon as you can. This will ensure that you can submit your insurance claim before the deadline is up. This will also prepare your lawyer for negotiations with the insurance company of the other driver. A car accident lawyer with experience can look over the statute of limitations in your state to determine if you qualify for any exceptions that permit you to file after the deadline. This could include the period that the law allows for people who are legally incapacitated to have their statute of limitations “tolled.” It is essential to discuss this with your attorney. Statutes of limitations for cases involving car accidents can differ depending on whether you are making a claim against an official of a municipality or 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 might be thought of as a variant of statute of limitations. It is the maximum time the plaintiff has to bring a lawsuit. A lawsuit can be filed outside this time limit when the defendant is able to hide an injury or delay discovery. 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 the date that is specified that includes substantial completion, certificate of occupancy or receipt of title (the time frame varies by state). The statute of repose is not affected by the fact that the plaintiff and contractor can specify a different date in the contract. The main difference between a statute repose and a statute limitations is that a statute of limitations triggers by the date on which an unlawful act or omission occurred, while the statute of repose is caused by an event or event that has already happened. This is why it can be difficult to bring a suit for personal injuries caused by old or defective products. Statutes of repose typically prohibit these types of claims because the products have been on the market for many years before any injuries occur. This is the reason lobbyists for industries with statutes of repose have to work hard to pass these laws. Damages The extent of the accident and the injuries sustained determine the amount of damages awarded in a car accident lawsuit. The damages can be a combination of different things, including medical expenses, lost wages and property damage, in addition to future economic losses resulting from an ongoing or chronic disability. A skilled lawyer will be able to 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 certain dollar value attached to them. Non-economic damages, such as discomfort and pain, are more difficult to quantify. A jury or judge will decide the value of these damages in relation to the severity of the injuries and the impact on your life. If you want to claim damages, you must prove that your injury was directly caused by the accident and it was the fault of an other party. Different states have different legal doctrines that permit a defendant to decrease or negate your recovery based on their degree of blame in the incident. motor vehicle accident attorneys grand rapids may also make use of any number of other defenses to avoid liability, like the argument that the plaintiff was not an active driver at the time of the crash or that they did not comply with traffic laws. Attorney's Fees Many personal injury lawyers offer a contingency fee arrangement, meaning that you don't pay anything upfront to hire an attorney to represent you. This is an excellent option for those who have been injured in a car accident and might be financially struggling and unable to pay upfront legal fees. The amount an attorney charges for a contingency fee varies on a number of factors. For instance, the attorney's level of expertise and the complexity of the case is will influence the fees they charge. Also, whether or not the case is resolved outside of court or has to go to trial will affect the total cost charged. In the majority of instances, an attorney's fee ranges from 33% to 40% of a plaintiff's final settlement amount or judgment. However, some lawyers will only charge a smaller percentage of the settlement amount. If your lawyer incurred costs in your case, these are deducted from the final settlement prior to the attorney's percentage is calculated. In this case in the event that your car accident settlement was $100,000, and the attorney had $10,000 in costs that would result in $60,000 as their final settlement ($100,000 – 10,000 – $30,000). Car accidents can be a disaster for those who are forced to pay medical bills, be absent from work, or worry about the cost of future medical care. A Harlem lawyer in a car crash will help you secure the money you need to cover these expenses and ease the financial burden following a accident.