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How to File a Motor Vehicle Lawsuit When a no-fault insurer refuses to pay you the money you deserve for medical bills and other losses, a motor vehicle lawsuit could be required. The majority of car crash cases revolve around the proof of negligence. Your lawyer will try to link the breach of duty by the defendant in duty to your loss. They will then negotiate a fair settlement. Statute of Limitations In the majority of states the statute of limitations sets the maximum number of years following an automobile accident during which lawsuits can be filed. If you do not file a lawsuit before the expiration of the timeframe will result in the case becoming irrecoverable and time-barred. The statute of limitations exists because evidence may vanish over time, victims' memories may fade, and people must to continue living their lives without the fear of an unjustified lawsuit hanging over them. Consult an attorney as soon as you can to learn about the limitations of time that apply to your car accident claim. This will ensure that you submit your insurance claim prior to the deadline that is due to expire. It can also help your lawyer prepare for negotiations with the insurance company of the other driver. company. A lawyer for car accidents with experience will be able to review the statute of limitations in your state to determine if you qualify for any of the rare exceptions that could allow you to file your claim after the deadline. This could include the time that the law allows people who are legally disabled to have their statute of limitations “tolled.” It is essential to discuss this with your attorney. Statutes of limitations for car accidents may be different depending on whether you're filing a claim against a municipal entity or government employees. For instance, the City of New York requires plaintiffs to serve a Notice of Claim within 90 days of their accident date. Statute of Repose A statute of repose may be viewed as a variation of the statute of limitations. It is the most time-bound period of time that a plaintiff has to file a lawsuit. A lawsuit can only be filed outside this time limit in the event that the defendant is able to conceal an injury or delay discovery. The victim would then be required to prove that the defendant was negligent in the causing of the injury and must be held accountable. Statutes of repose start at a specific time, such as the date of substantial completion or the date of the certificate of occupancy or the receipt of title. (The timing of the start date 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 will not change the time frame for repose. The main difference between a statute of limitations and the law of repose is that a statute of limitations is invoked upon the date of a wrongful act, while a law of repose is initiated based on an event that has already occurred. This is why it can be difficult to file a lawsuit for personal injuries resulting from old or defective products. Statutes of repose typically prohibit these types of claims because the products have been in the market for a number of years before anyone gets injured. This is the reason why lobbyists representing industries that have statutes of repose work hard to pass these laws. Damages The severity of the incident and the injuries sustained will determine the amount of damages that are awarded in a car accident lawsuit. The claims can cover many different things, including medical expenses, lost wages and property damage, as well as future economic losses resulting from an ongoing or chronic disability. A lawyer who is experienced will be able determine and prove the cost as well as their impact on the family members of the victims. Economic or special damages can be easily proved and have a dollar value. Non-economic damages like suffering and pain are more difficult to quantify, and a judge or jury will decide their value in relation to the severity of your injuries, the effect they have had on your life and how likely they are to remain in your life in the future. If you're seeking damages, you'll need to prove that your injury resulted from the crash and that it was the direct result due to the negligence of a different party. Different states have different doctrines that may allow defendants to reduce or even deny your claim depending on their level of fault in the incident. The defendant may also use a number of other defenses to avoid liability. For instance they could argue that the plaintiff was not driving at the time of accident or that they did not follow traffic laws. Attorney's Fees Many personal injury lawyers offer a fee-on-contingency, which means that you do not have to pay a fee upfront to hire an attorney. This is a great 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 that an attorney charges for a contingency fee varies on several factors. For instance, the attorney's level of skill and how complex the case is will impact the fees they charge. motor vehicle accident law firm harlingen of money charged can also be affected if the case is settled outside of the courtroom, or requires a trial. In most cases, the attorney's charge is usually between 33% and 40% of the final settlement award or judgement. Some attorneys charge a lesser percentage of the settlement. Prior to calculating the attorney's percentage, the costs the lawyer incurs for your case are deducted. In this case the attorney would get $60,000 if the settlement you received for your car accident was $100,000 and he had been charged $10,000 for his expenses. ($100,000.0-10,000-$30,000). Car accidents can be devastating to victims who must pay medical bills or worry about future care costs. A Harlem lawyer for car accidents will help you secure the money to cover these expenses, and ease your financial burden following a car crash.