atmwater0
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is needed when a nofault insurance provider refuses to pay the compensation that you deserve for medical bills and other losses The majority of car accident cases revolve around the need to prove negligence Your lawyer will link the defendants breach of duty to your loss Then they will negotiate a fair settlement Statute of limitations In many states the statute of limitations sets the maximum number of years after a motor vehicle accident that a lawsuit can be filed Failing to file a suit before the expiration of this time frame results in the case being barred from recovery and is no longer enforceable Statutes of limitation exist because evidence may disappear in time victims memories can fade and victims need to go on with their lives without the fear of a lawsuit hanging over their heads It is recommended that you consult an attorney as soon as you can to learn about the statutes of limitations that apply to your vehicle accident claim This will ensure that you are able to submit your insurance claim prior to the deadline running out This will also prepare your lawyer for negotiations with the insurance company of the other driver An experienced car accident lawyer can go over the statute of limitations for your state to determine if there are any special exceptions that allow you to file a lawsuit after the deadline has been met This could include the time the law allows those who are legally disabled to have their statute of limitations tolled It is essential to discuss this with your lawyer Statutes of limitations for car accident claims can be different depending on the nature of your claim against an entity of the municipal sector or a government employees In New York for example plaintiffs are required to serve the Notice of Claim no later than 90 days after the incident Statute of Repose A statute of repose is essentially the statute of limitations for steroids It is the maximum time period a plaintiff is allowed to file a lawsuit The only reason a lawsuit could be filed outside of the time limit is if the defendant was capable of concealing or delaying the investigation of an injury or fault The victim will be required to prove the defendant was negligent in causing the injury and should be held accountable Statutes of repose are in effect from an established date which could be the date of substantial completion or the certificate of occupancy or the date of receipt of title The timing varies from state to state The plaintiff and contractor may stipulate an alternative date for the start of the repose in the contract this will not affect the statute of repose The key distinction between a statute of repose and a statute of limitations is that a statute of limitations is triggered by the date on which a wrongful act or omission occurred while a statute of repose is initiated by an event or act that has already taken place This is why its difficult to bring a lawsuit for personal injuries that result from the use of old or defective products These kinds of claims are typically barred by the statutes of repose due to the fact that the product in question has been on the market for many years before someone suffers injury This 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 incident and the injuries sustained determine the amount of damages that will be awarded in a car accident lawsuit motor vehicle accident lawyer orem awarded can cover various things like medical expenses and lost wages property damage and future economic losses as a result of the longterm or chronic injury A competent lawyer will be able to estimate and prove these expenses and their effect on the victim and their family Economic or special damages are the easiest to prove and have a specific dollar value associated with them Noneconomic damages such as pain and suffering are harder to quantify A judge or jury will determine their value based on the severity of your injuries the effect they have had on your life and how likely they are to be affecting you in the future If youre looking to claim damages youll have to prove your injury was directly triggered by the accident and it was the fault of an other party Different states have different doctrines which allow the defendant to lower your compensation or completely eliminate it based on the degree of fault they had in the incident The defendant can also employ various other defenses in order to avoid liability For instance they could claim that the plaintiff wasnt driving at the time of the collision or that they failed to follow traffic laws Attorneys Fees Many personal injury lawyers offer a contingencybased fee arrangement that means you dont pay anything upfront to hire an attorney to represent you This is a great option for car accident victims who might be in financial trouble and cannot afford upfront legal fees The amount that an attorney is charged for a contingency fee varies on a number of factors The fees that an attorney charges will depend on several factors such as the degree of expertise and the complexity of the case The total fee charged could also be affected if the case is resolved outside of the courtroom or if it requires trial In the majority of instances the attorneys fee can be anywhere from 33 to 40 of the final settlement amount or judgment However a handful of attorneys will only charge a lower percentage of the settlement amount If your lawyer has incurred expenses to resolve your case these are deducted from the final settlement before the attorneys percentage is calculated In this instance the attorney could receive 60000 in the event that the settlement for your car accident was 100000 and he had paid 10000 in expenses 10000001000030000 Car accidents can be very devastating for victims who must pay medical bills or worry about the future costs A Harlem lawyer for car accidents can help you get the money needed to cover these expenses and ease your financial burden following a car accident
