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How to File a Motor Vehicle Lawsuit If a nofault insurer is unable to pay the amount you are entitled to for medical expenses and other damages a motor car lawsuit could be required The majority of cases involving car accidents hinge on the issue of proving negligence Your lawyer will try to link the breach of duty by the defendant in duty to your losses They will then negotiate a fair settlement Statute of Limitations In the majority of states the statute of limitations is the time limit for years following a motor vehicle accident that the lawsuit can be filed Failure to file a lawsuit before the expiration of the timeframe will result in the case becoming closed and not able to be recovered Limitations are in place because evidence can disappear as time passes the victims memory may fade and individuals need to be in a position to move on without the risk of litigation hanging over their heads It is important to speak with an attorney regarding the time limit for filing your car accident claim whenever you can This will ensure you can submit your insurance claim prior to the deadline that is due to expire This will also help prepare your lawyer for negotiations with the insurance company of the other driver A car accident lawyer with experience can look over the statute of limitations in your state to determine if you qualify for any special exceptions that permit you to file after the deadline This could include the time that the law allows people who are legally incompetent to have their statute of limitations tolled Discuss this with your attorney The time limit for car accidents can differ in the event that you are seeking a settlement from a municipality or government employee In New York for example plaintiffs must serve the Notice of Claim no later than 90 days after the incident Statute of Repose A statute of repose might be viewed as a variation of the statute of limitations It is the maximum time period a plaintiff is allowed to start a lawsuit The only reason that a lawsuit could be filed outside of the time limit is when the defendant is capable of concealing or delaying the discovery of an injury or fault Then the victim will be required to prove the defendant was negligent in causing the injury and should be held accountable motor vehicle accident attorney indianapolis of repose are in effect from the time specified such as the date of substantial completion or the certificate of occupancy or the date of receipt of title The timing of the start date varies from state to state The statute of repose is not affected by the fact that the plaintiff and the contractor may specify a different date in the contract The primary distinction between a statute of repose and a statute limitations is that a statute of limitations begins at the time that an act of negligence or omission occurred while the statute of repose is initiated by an event or action which has already occurred This is the reason it can be difficult to bring a suit for personal injuries caused by old or defective products Statutes of repose generally prohibit these types of claims because the products have been on the market for a number of years before anyone was injured This is the reason why lobbyists representing industries that have statutes of repose have to work hard to ensure that these laws are passed Damages The amount of damages that are awarded in a motor vehicle accident lawsuit will be determined by the severity of the crash and the extent of injuries The damages can be a combination of diverse things such as medical expenses lost wages and property damage as well as the potential economic loss resulting from an ongoing or chronic disability A knowledgeable lawyer will be able to determine and prove these costs and their impact on the victim and their family Economic or special damages are the easiest to prove and have a clear dollar value attached to them Noneconomic damages like the pain and suffering are difficult to quantify A judge or jury will determine their value depending on the severity of your injuries the impact they have had on your life and the likelihood that they will be affecting you in the future If you are claiming any damages you will 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 doctrines which allow the defendant to limit your claim or eliminate it depending on the degree of blame they took in the incident The defendant can also use any number of other defenses to avoid liability like the argument that the plaintiff was not an active driver at the moment of the crash or that they failed to comply with traffic laws Attorneys Fees Many personal injury lawyers offer a feeoncontingency which means that you dont pay anything up front to hire an attorney This is an excellent option for car accident victims who may be financially strapped and are unable to pay upfront legal costs The amount an attorney charges as a contingent fee depends on a variety of variables The amount an attorney charges will be contingent on a variety of aspects such as the level of expertise and complexity of the case Also whether the case settles without court or needs to be tried could impact the total fee charged In most cases the attorneys fees is anywhere between 33 and 40 percent of a plaintiffs settlement or judgment Some attorneys charge a smaller percentage of the settlement If your lawyer has incurred costs to resolve your case these are deducted from the final settlement before the attorneys percentage is calculated In this example if your car accident settlement was 100000 and the attorney incurred 10000 in costs the attorney would be paid 60000 as their final compensation 100000 10000 30000 Car accidents can be a disaster for those who are forced to pay medical bills be absent from work or be concerned about the cost of future care A professional Harlem lawyer will assist you to obtain money to pay for these expenses and ease your financial burden following a car accident
