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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is needed when a no-fault insurance provider refuses to pay the amount of money you deserved to cover medical expenses and other losses. The majority of car accident cases revolve around the proof of negligence. Your lawyer will link the defendant's breach of duty to your losses. They will then negotiate a fair settlement. Statute of Limitations In the majority of states, a statute of limitations is the time limit for years after a motor vehicle accident within which an action can be filed. If you don't file your lawsuit within this time frame, the lawsuit will be deemed to be time-barred. The case is no longer recoverable. The statute of limitations exist due to the possibility of evidence disappearing over time, and the victim's memories may fade and individuals need to be free of the risk of litigation hanging over their heads. Consult an attorney as soon as possible regarding the limitations of time that apply to your vehicle accident claim. This will help ensure you can submit your insurance claim before the deadline runs out. This will also allow you to prepare your lawyer for negotiations with the insurance company of the other driver. An experienced lawyer in car accidents can review the statute of limitations for your state to determine if there are uncommon exceptions that would allow you to bring a lawsuit 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. The time limit for car accidents can differ depending on whether you are suing a municipal entity or a government employee. In New York, for example plaintiffs must be served with the Notice of Claim no later than 90 days following the accident. Statute of Repose A statute of repose may be viewed as a variant of statute of limitations. It is the longest period of time a plaintiff can pursue a lawsuit. A lawsuit is only filed outside this time limit in the event that the defendant has the ability to hide an injury or delay the discovery. Then, the victim will have to prove that the defendant was negligent in causing the injury, and should be held accountable. Statutes of repose start at an established date which could be the date of substantial completion or the certificate of occupancy or receipt of title. (The timing varies from state to state). The plaintiff and the contractor may specify a different start date in the contract, it does not change the time frame for repose. The primary difference between a statute limitations and the law of repose is that a statute of limitations is activated upon the date of a wrongful act, while a law of repose is initiated upon an event or action which has already occurred. It can be difficult to bring a lawsuit when the product is old or defective. Statutes of repose generally prohibit these kinds of claims due to the fact that the products have been in the market for a number of years before any injuries occur. This is the reason lobbyists for industries with statutes of repose work hard to pass these laws. Damages The amount of damages awarded in a motor vehicle accident lawsuit are determined by the severity of the collision and any injuries that may have occurred. These claims can include many different things, including medical expenses, lost wages, property damage, in addition to the potential economic loss resulting from a permanent or chronic disability. A lawyer who is skilled will be able calculate and prove the costs as well as their impact on the family members of the victims. Economic or special damages are the easiest to prove and have a specific dollar value attached to them. Non-economic damages, like the pain and suffering are difficult to quantify. A judge or jury will determine their value by the severity of your injuries, the effect they have had on your life, and the likelihood that they will continue to affect you in the future. If you are claiming any damages, you will need to prove that your injury was the result of the crash and that it was a direct result due to the negligence of a different party. Different states have different rules which allow defendants to reduce or even eliminate your claim based on their degree of responsibility for the incident. The defendant can also employ various other defenses in order to avoid liability. For example they might argue that the plaintiff was not driving at the time of the accident or that they didn't follow traffic laws. Attorney's Fees Many personal injury attorneys offer a contingency fee arrangement which means that you don't have to pay upfront for an attorney to represent you. motor vehicle accident attorneys florida is a great option for car accident victims who may be financially strapped and cannot afford upfront legal costs. The amount of contingency fees the attorney charges depends on a variety of variables. For instance, the attorney's level of skill and how complex the case is can affect the fees they charge. Also, whether the case is resolved outside of court or requires going to trial could impact the total fee charged. In the majority of cases, an attorney's fee is usually between 33% and 40% of a plaintiff's final settlement award or judgment. Some attorneys charge a smaller percentage of the settlement. If your lawyer has incurred expenses for your case, they are deducted from the final settlement prior to the attorney's percentage is calculated. In this case the case of a car accident, if the settlement was $100,000, and the attorney was charged $10,000 in costs the attorney would be paid $60,000 as their last payment ($100,000 – 10,000 – $30,000). Car accidents can be devastating for victims who are forced to 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 your financial burden following a car accident.