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How to File a Motor Vehicle Lawsuit If a no-fault insurance company refuses to compensate you with the money you are entitled to for medical expenses and other damages, a motor car lawsuit could be required. The majority of car accident cases revolve around the need to prove negligence. Your lawyer will connect the defendant's breach of duty to your loss. Then, they will negotiate an acceptable settlement. Statute of Limitations In most states the statute of limitations determines the maximum number of years following a motor vehicle accident within which lawsuits can be filed. If you do not submit your lawsuit within this time frame, the case will be time-barred. It's no longer recoverable. Statutes of limitations exist because evidence may vanish as time passes, and victims' memories can disappear, and people need to move on with their lives without the fear of an unjustified lawsuit hanging over them. It is recommended that you consult an attorney as soon as you can to learn about the limitations on time that apply to your vehicle accident claim. This will help ensure you have the ability to file your insurance claim before the deadline runs out. It can also help your lawyer prepare for negotiations with the insurance company of the other driver. company. A car accident lawyer with experience can review the statute of limitations in your state to determine if you qualify for any rare exceptions which permit you to file your claim after the deadline. This could be the case for the time that law permits people who are legally incapable to have their “statute of limitations” “tolled.” Discuss this with your attorney. The statute of limitations for car accidents can differ according to whether you're suing a municipal entity or a government employee. In New York, for example, plaintiffs must serve a Notice of Claim no later than 90 days following the incident. Statute of Repose A statute of repose is essentially an expiration date for steroids. It is the longest period a plaintiff is allowed to make a claim. The only reason that a lawsuit could be filed outside of this period is when the defendant is able to hide or delay the investigation of an injury or fault. The plaintiff must then to prove the defendant's culpability in creating the injury. Statutes of repose begin at a predetermined date like substantial completion, a certificate of occupancy, or a receipt of title (the timing is different for each state). The plaintiff and contractor may choose to specify an alternate date for starting in the contract, this will not alter the duration of the statute of repose. The major distinction between a statute of repose and a statute of limitations is that the statute of limitations starts by the date on which an omission or act of wrongful conduct occurred, while a statute of repose is caused by an event or action that has already taken place. This is the reason it can be difficult to bring a lawsuit for personal injuries resulting from old or defective products. These kinds of claims are typically not covered by the statutes of repose as the products in question have been in use for a long period of time before a person suffers injury. motor vehicle accident lawyer albany is the reason why lobbyists representing industries that have statutes of repose work so hard to ensure that these laws are passed. Damages The severity of the accident and the injuries sustained determine the amount of damages which are awarded in a vehicle accident lawsuit. The damages can be a combination of diverse things, such as medical expenses, lost wages and property damage, in addition to future economic losses due permanent or chronic disabilities. A skilled lawyer will be able calculate and prove these costs and the impact they have on the family of the victim. Special or economic damages can be easily proved and have a dollar value. Non-economic damages, like suffering and pain 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'll continue to affect you in the future. If you're looking to claim damages, you'll need to show that your injury was directly caused by the accident, and that it was the fault or responsibility of a third party. Different states have different laws that may allow the defendant to limit or even eliminate your claim depending on their level of fault in the incident. The defendant may also use various other defenses in order to avoid liability. For instance they could claim 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 lawyers offer a contingency-fee arrangement, which means that you do not have to pay a fee upfront to retain an attorney. This is a great option for car accident victims who may be financially strapped and are unable to pay upfront legal fees. The amount an attorney charges as a contingency fee is contingent on several factors. The fees an attorney charges will depend on various aspects, such as the level of expertise and the complexity of the case. Also, whether the case settles without court, or has to go to trial will affect the total cost that is charged. In most cases, the attorney's charge can be anywhere from 33% to 40 % of the final settlement or judgment. However, a few attorneys are only charged a lower percentage of the settlement amount. If your lawyer has incurred costs for your case, these are subtracted from the final settlement prior to the attorney's percentage is calculated. In this instance the attorney would be paid $60,000 if the settlement you received for your car accident was $100,000 and he had paid $10,000 in expenses. ($100,000.0-10,000-$30,000). Car accidents can be extremely devastating for victims who are forced to pay medical bills or worry about future healthcare costs. A Harlem car crash lawyer will help you secure the money you need to pay these costs and ease your financial burden after a crash.