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How to File a Motor Vehicle Lawsuit If a nofault 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 are centered around proving negligence Your lawyer will try to link the defendants lapse in duty to your loss Then they will negotiate an appropriate settlement Statute of limitations In many states a statute of limitations defines the maximum amount of years following a motor vehicle accident during which a lawsuit can be filed If you do not file a lawsuit within this time frame results in the case being closed and not able to be recovered Limitations exist because evidence may disappear over time and the victims memories may fade and individuals need to be able to move on without the threat of litigation hanging over their heads You should consult an attorney as soon as possible regarding the limitations of time that apply to your auto accident claim This will ensure that you are able to submit your insurance claim prior to the deadline which is set to expire This will also prepare your lawyer for negotiations with the insurance company of the other driver A car accident lawyer with experience can review the statute of limitations in your state to determine if you qualify for any 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 incapable to have their statute of limitations tolled Discuss this with your attorney The statute of limitations in car accident cases may also differ depending on whether youre seeking a settlement from a municipality or government employee For instance the City of New York requires plaintiffs to serve the Notice of Claim within 90 days of the date of their accident Statute of Repose A statute of repose can be described as an extension of time on steroids It is the maximum time that a plaintiff can file a lawsuit The only reason that the lawsuit could be filed outside of this period is if the defendant was able to hide or delay the discovery of an injury or fault The victim will then have to prove the defendants culpability in creating the injury Statutes of repose start at the date that is specified which could be a substantial completion a certificate of occupancy or a receipt of title the time frame varies by state The statute of repose is not affected by the fact that the plaintiff and contractor may specify an alternative date in the contract The major difference between a statute of repose and a statute limitations is that the statute of limitations starts by the date on which an omission or act of wrongful conduct occurred while the statute of repose is initiated by an event or action that has already happened It is often difficult to file a lawsuit if the product is outdated or defective Statutes of repose typically prohibit these kinds of claims due to the fact that the products have been on the market for a number of years before any injuries occur This is why industries with statutes that prohibit claims have to work hard to get these laws passed Damages The severity of the incident and the injuries sustained will determine the damages which are awarded in a vehicle accident lawsuit The claims could cover various elements like medical expenses and lost wages property damage and the potential for economic losses resulting from an ongoing or permanent injury A lawyer who is experienced can determine and prove the cost and the impact they have on the family members of the victims Economic or special damages are easily established and are able to be quantified in terms of dollar value Noneconomic damages like pain and discomfort are more difficult to quantify A jury or judge will decide their value in relation to the severity of the injury and their impact on your life If you want to claim damages youll need to establish that your injury was directly triggered by the accident and it was the fault or responsibility of a third party Different states have different laws that allow the defendant to limit or even eliminate your claim based on their degree of fault in the incident The defendant can also use any of the other defenses to stay out of liability for instance the argument that the plaintiff was not an active driver at the time of the collision or that they did not comply with traffic laws Attorneys Fees Many personal injury lawyers offer a contingency fee agreement which means that you dont pay anything upfront to hire an attorney to represent you This can be beneficial to victims of car accidents who are financially struggling and arent able to pay upfront legal costs for their case motor vehicle accident law firm west virginia of a contingency fees that an attorney charges is contingent on a variety of factors The fees charged by an attorney will be contingent on a variety of aspects such as the level of expertise and the complexity of the case The total fee charged could also be affected by whether the case is settled outside of the courtroom or requires trial In the majority of instances the attorneys fee can be anywhere from 33 to 40 of the final settlement or judgment However some attorneys will charge a lower percentage of the settlement amount If your lawyer has to incur costs for your case these are deducted from the final settlement prior to the attorneys percentage is calculated In this example the attorney would be paid 60000 when the settlement for your car accident was 100000 and he had spent 10000 on costs 10000001000030000 Car accidents can be extremely devastating for victims who must pay medical bills or worry about future healthcare costs A Harlem lawyer for car accidents can help you get the money needed to cover these expenses and ease your financial burden after a accident
