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How to File a Motor Vehicle Lawsuit If a no-fault insurer is unable to pay you the money you are entitled to for medical expenses and other losses, a motor vehicle lawsuit may be necessary. Most car accident cases turn on proving negligence. Your lawyer will attempt to link the defendant's breach in duty to your losses. Then, they negotiate an acceptable settlement. Statute of Limitations In the majority of states, a statute of limitation determines the maximum number of years following a motor vehicle accident within which a lawsuit can be filed. Failing to file a suit within this time frame is a sign that the case has been barred from recovery and is no longer enforceable. Statutes of limitation are necessary because evidence could disappear in time, memories of victims could fade, and people need to be able to move on without the fear of litigation hanging over their heads. It is recommended that you consult an attorney as soon as you can to learn about the limitations of time that apply to your vehicle accident claim. This will ensure that you submit your insurance claim before the deadline which is set to expire. It will also help your lawyer prepare for negotiations with the other driver's insurance company. An experienced lawyer in car accidents can go over your state's statute of limitations to determine if there are uncommon exceptions that would allow you to pursue a lawsuit even after the deadline has been met. This could include the time that the law allows those who are legally incompetent to be granted a “statute of limitations” “tolled.” Discuss this with your attorney. The statute of limitations for car accidents can differ depending on whether you are suing a municipality or a government employee. In New York, for instance, plaintiffs must serve the Notice of Claim no later than 90 days following the accident. Statute of Repose A statute of repose is the statute of limitations for steroids. It is the longest time period a plaintiff is allowed to file a lawsuit. The only reason that the lawsuit could be filed outside of the time limit is in the event that the defendant was 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. Statutes of repose are in effect from the date that is specified that includes substantial completion, certificate of occupancy, or the receipt of title (the timing varies by state). The statute of repose isn't affected by the fact that the plaintiff and contractor may choose to specify a different date in the contract. The primary distinction between a statute of repose and a statute of limitations is that the statute of limitations begins from the date when an act of negligence or omission occurred, while the statute of repose is caused by an event or action that has already occurred. This is why it is difficult to bring a lawsuit for personal injuries resulting from old or defective products. These types of claims are typically not covered by statutes of repose because the products in question have been in use for a long period of time before a person suffers injury. motor vehicle accident lawyer yuma is the reason why lobbyists representing industries with statutes of repose work so hard to ensure that these laws are passed. Damages The severity of the crash and the extent of injuries sustained will determine the amount of compensation which are awarded in a vehicle accident lawsuit. The claims can cover many different things, including medical expenses, lost wages and property damage, in addition to the potential economic loss resulting from an ongoing or chronic disability. A competent lawyer will be able to estimate and prove these expenses and the impact they have on the victim and their family. Economic or special damages are the most straightforward to prove and have a clear dollar value attached to them. Non-economic damages, such as the pain and suffering are difficult to quantify, and a judge or jury will decide their value based on the severity of your injuries, the impact they have had on your life, and how likely they will remain a burden on you in the future. If you want to claim damages, you must prove that your injury was directly caused by the accident, and that it was the fault of a different party. Different states have different rules that permit the defendant to limit your compensation or completely eliminate it based on the amount of fault they had in the incident. The defendant may also use several other defenses in order to avoid liability. For example, they could argue that the plaintiff was not driving at the time of accident or that they didn't follow traffic laws. Attorney's Fees Many personal injury attorneys offer a contingency fees arrangement which means that you do not have to pay upfront for an attorney to represent you. This is a benefit for victims of car accidents who are financially struggling and might not be able to pay upfront legal costs for their case. The amount of contingency fee charged by an attorney depends on a variety of variables. For instance, the attorney's level of competence and the complexity of the case is will impact the amount they charge. The amount of money charged can also be affected by if the case is resolved outside of court, or if it requires trial. In the majority of instances, the attorney's fee is anywhere between 33% and 40% of a plaintiff's final settlement award or judgment. Some attorneys charge a lesser percentage of the settlement. If your lawyer has to incur costs in your case, these are deducted from the final settlement before the attorney's percentage is calculated. In this instance the attorney could receive $60,000 if the settlement you received for your car accident was $100,000 and he spent $10,000 on costs. ($100,000.0-10,000-$30,000). Car accidents can be devastating for victims who must pay medical bills, not be able to work, or worry about the cost of future medical care. A professional Harlem lawyer can assist you in obtaining funds to pay these costs and ease your financial burden after a collision.