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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is necessary when a no-fault insurance company refuses to pay the amount of money you deserved to cover medical expenses and other expenses. The majority of car accident cases revolve around the issue of proving negligence. Your lawyer will attempt to link the defendant's lapse in duty to your losses. They will then negotiate an equitable settlement. Statute of limitations In many states the statute of limitations sets the maximum number of years after a motor vehicle accident, within which a lawsuit can be filed. If you fail to file your lawsuit within the period, the case will be barred. The case is no longer recoverable. Statutes of limitations exist because evidence may vanish as time passes, and victims' memories may fade, and individuals need to continue living their lives, without the threat of a lawsuit hanging over them. It is essential to speak with an attorney about the deadline for filing your car accident claim as soon as you can. This will ensure that you are able to make your insurance claim prior to the deadline is up. It will also aid your lawyer prepare for negotiations with the insurance company. A car accident lawyer with experience can review the statute of limitations in your state to determine if you're eligible for any exceptions that could allow you to file your claim after the deadline. This could be the case if the law allows people who are legally disabled to have their statute of limitations “tolled.” It is essential to discuss this with your lawyer. The statute of limitations in car accidents can differ depending on whether you're seeking a settlement from a municipality or government employee. For instance the City of New York requires plaintiffs to file the Notice of Claim within 90 days of their accident date. Statute of Repose A statute of repose can be viewed as a variation of the statute of limitations. It is the maximum amount of time that a plaintiff can sue. The only reason the lawsuit could be filed outside of the time limit is when the defendant was capable of concealing or delaying the discovery of an injury or fault. The victim must then to prove the defendant's negligence in the causing of the injury. Statutes of repose begin at the date that is specified that includes substantial completion, certificate of occupancy, or the receipt of title (the time frame varies by state). The statute of repose isn't affected by the fact that the plaintiff and contractor may choose to specify an alternative date in the contract. The major difference between a statute repose and a statute limitations is that the statute of limitations triggers at the time that a wrongful act or omission occurred, whereas the statute of repose is triggered by an event or act that has already taken place. motor vehicle accident attorney kansas is why it's difficult to bring a lawsuit for personal injuries resulting from outdated or defective products. Statutes of repose typically prohibit these types of claims because the products have been on the market for a number of years before anyone was injured. This is why businesses with statutes that ban claims work hard to get these laws passed. Damages The severity of the incident and the injuries sustained will determine the amount of damages to be awarded in a car crash lawsuit. These claims may cover a variety of different things, such as medical expenses and lost wages, property damage, and future economic losses due to a permanent or chronic injury. A skilled 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 easily established and are able to be quantified in terms of dollar value. Non-economic damages like the pain and suffering are difficult 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 will remain a burden on you in the future. If you're claiming damages, you will need to prove that your injury was caused by the accident and that it was a direct result of the negligence of a third party. Different states have different rules that permit the defendant to decrease your compensation or completely eliminate it based on the amount of blame they were attributable to the incident. The defendant may also use several other defenses to avoid liability. For example they could claim that the plaintiff didn't drive at the time of the accident or that they failed to follow traffic laws. Attorney's Fees Many personal injury lawyers provide the option of a contingency fee, which means that you don't pay anything up front to hire an attorney. This is an excellent option for those injured in car accidents who may be financially strapped and cannot afford upfront legal fees. The amount of contingency fees paid by an attorney is based on a myriad of factors. For instance the attorney's competence and the complexity of the case is can affect the amount they charge. The amount of money charged can also be affected by whether the case is resolved outside of the courtroom, or if it requires trial. In the majority of cases, the attorney's fees is between 33% and 40 percent of a plaintiff's settlement award or judgment. Some attorneys charge a lesser percentage of the settlement. Before calculating the attorney's portion the costs the lawyer incurs for your case are subtracted. In this instance, if your car accident settlement was $100,000 and the lawyer incurred $10,000 in expenses, they would receive $60,000 as their last payment ($100,000 – 10,000 – $30,000). Car accidents can be a disaster for victims who have to pay medical bills, miss work or worry about the cost of future care. A Harlem car crash lawyer can assist you in obtaining the money to cover these expenses, and ease your financial burden following a car crash.