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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is necessary in the event that a no-fault insurer refuses to give you the amount you are due for your medical bills and other expenses. Most cases involving car accidents are based on proving negligence. Your lawyer will attempt to link the defendant's breach in duty to your losses. They will then negotiate an appropriate settlement. Statute of Limitations In most states the statute of limitation sets the maximum time that can pass after an accident in the car before a lawsuit may be filed. If you fail to make your claim within this timeframe, the case will be barred. It is no longer recoverable. Statutes of limitations exist due to the fact that evidence may disappear as time passes, and victims' memories might fade, and individuals need to go on with their lives without the threat of the possibility of a lawsuit looming over them. It is essential to speak with an attorney regarding the time limit for filing your car accident claim whenever you can. This will ensure that you submit your insurance claim before the deadline that is due to expire. It can also help your lawyer prepare for negotiations with the insurance company. A car accident lawyer with experience will be able to review the statute of limitations in your state to determine if you are eligible for any of the rare exceptions that permit you to file after the deadline. This could include the time that the law allows people who are legally incapacitated to have their statute of limitations “tolled.” It is important to discuss this with your lawyer. The statute of limitations in car accident cases may also differ depending on whether you are seeking compensation from a municipality or government employee. In New York, for instance plaintiffs are required to serve a Notice of Claim no later than 90 days following the incident. Statute of Repose A statute of repose is basically the statute of limitations for steroids. It is the longest that a plaintiff can make a claim. The only reason that a lawsuit would ever be filed outside of this time frame is if the defendant was capable of concealing or delaying the investigation of an injury or fault. The plaintiff will then need to prove that the defendant's negligence in the causing of the injury. Statutes of repose are in effect from an unspecified date, such as substantial completion, certificate of occupancy, or receipt of title (the timeframe varies according to the state). The plaintiff and contractor may specify a different start date in the contract, it does not change the time frame for repose. The major distinction between a statute of repose and a statute limitations is that a statute of limitations is triggered from the date that an act of negligence or omission occurred, whereas the statute of repose is initiated by an event or act that has already happened. This is why it can be difficult to file a lawsuit for personal injuries that result from the use of old or defective products. These types of claims are typically not covered by the statutes of repose because the products involved have been on the market for a long time before anyone is injured. This is why industries that have statutes that prohibit claims work so hard to get these laws passed. Damages The extent of the accident and the extent of injuries sustained will determine the amount of damages to be awarded in a car crash lawsuit. These claims could cover a variety of different things, including medical expenses, lost wages and property damage, as well as the potential economic loss resulting from an ongoing or chronic disability. A lawyer with experience will be able determine and prove the cost, and their impact on the families of victims. Economic or special damages are the easiest to prove and have a specific dollar value attached to them. motor vehicle accident law firm albuquerque -economic damages, such as pain and discomfort are more difficult to quantify. A judge or jury will determine their value based upon the severity of the injury and the impact on your life. If you are claiming any damages, you'll need to prove that your injury resulted from the crash and that it was a direct result due to the negligence of a different party. Different states have different legal doctrines that allow defendants to reduce or even eliminate your claim in proportion to their responsibility for the incident. The defendant can also employ various other defenses in order to avoid liability. For example they could argue that the plaintiff was not driving at the time of the collision or that they did not follow traffic laws. Attorney's Fees Many personal injury lawyers offer an arrangement that is contingent on the outcome of your case. This means that you do not pay anything up front to hire an attorney. This is a great solution for those who have been injured in a car accident and may be struggling financially and cannot afford upfront legal costs. The amount that an attorney charges as a contingency fee depends on several factors. For instance the lawyer's level of skill and how complex the case is can affect the fees they charge. The total fee charged could also be affected by if the case is resolved outside of the courtroom, or requires a trial. In most instances, the attorney's fee can be anywhere from 33% to 40 % of the final settlement or judgment. Some attorneys charge a lower percentage of the settlement. If your lawyer incurred costs for your case, they are deducted from the final settlement prior to the attorney's percentage is calculated. In this example, if your car accident settlement was $100,000 and the attorney had $10,000 in expenses and they were awarded $60,000 as their final recovery ($100,000 – 10,000 – $30,000). Car accidents can be devastating for those who are forced to pay medical bills, not be able to work, or be concerned about the cost of care in the future. A qualified Harlem car accident lawyer can assist you in obtaining money to pay for these expenses and ease the financial burden after a crash.