How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is needed when a no fault insurance company refuses to pay the compensation that you deserve for your medical bills and other losses The majority of car accident cases are centered around proving negligence Your lawyer will try to connect the defendant's failure in duty to your loss They will then negotiate a fair settlement Statute of limitations In many states, a statute of limitations sets the maximum number of years following an automobile accident during which an action can be filed Failure to file a lawsuit before the expiration of this timeframe is a sign that the case has been irrecoverable and time-barred Statutes of limitations exist because evidence can disappear as time passes, and victims' memories might fade, and individuals need to get on with their lives without the fear of a lawsuit hanging over them It is crucial to talk with an attorney about the statute of limitations for your claim for car accidents as soon as possible This will ensure that you are able to submit your insurance claim before the deadline that is due to expire It will also assist your lawyer prepare for negotiations with the insurance company A lawyer for car accidents with experience can look over the statute of limitations in your state to determine whether you qualify for any rare exceptions which could allow you to file after the deadline This could include the time that the law allows people who are legally incapacitated to have their statute of limitations "tolled" It is crucial to discuss this with your lawyer The statute of limitations for car accident cases can differ depending on whether you're seeking compensation from a municipality or government employee For instance the City of New York requires plaintiffs to deliver a Notice of Claim within 90 days of their accident date Statute of Repose A statute of repose is basically a statute of limitations on steroids It is the maximum length of time a plaintiff can bring a lawsuit The only reason that a lawsuit could be filed outside of the time limit is in the event that the defendant was able to hide or delay the discovery of an injury or fault https//vimeocom/706832854 will need to prove that the defendant was negligent in causing the injury, and should be held accountable Statutes of repose commence at an established date which could be the date of substantial completion, the certificate of occupancy, or the receipt of title The timing of the start date varies from state to state While the plaintiff and contractor may specify a different date of commencement in the contract, this will not alter the duration of the statute of repose The primary difference between a statute of repose and a statute limitations is that the statute of limitations triggers from the date that a wrongful act or omission occurred, while the statute of repose is initiated by an event or action that has already taken place This is why it is difficult to bring a suit for personal injuries caused by old or defective products These kinds of claims are generally not covered by the statutes of repose since the product in question has been in use for a long time before anyone is injured This is why businesses with statutes that prohibit claims work so hard to pass laws Damages The amount of damages that are awarded in a motor vehicle accident lawsuit are determined by the severity of the crash as well as any injuries that may have occurred These claims may cover various things including medical expenses and lost wages, property damage and future economic losses as a result of an ongoing or permanent injury A competent lawyer will be able to calculate and prove these costs and their impact on the victim and their family Economic or special damages can be easily proven and are able to be quantified in terms of dollar value Non-economic damages like the pain and suffering are difficult to quantify, and a judge or jury will determine 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're seeking damages, you will need to prove that your injury resulted from the crash and that it was the direct result of the negligence of a third party Different states have different laws that permit the defendant to lower the amount of compensation or even eliminate it depending on the degree of responsibility they incurred in the incident The defendant can also employ a number of other defenses to avoid liability For example they might argue that the plaintiff wasn't driving at the time of the accident or that they didn't follow traffic laws Attorney's Fees Many personal injury attorneys offer a contingency fee arrangement which means that you do not 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 are unable to pay upfront legal fees The amount an attorney will charge as a contingency fee is contingent on a variety of factors The amount an attorney charges will be contingent on a variety of factors, including the level of expertise and complexity of the case Additionally, whether the case is resolved outside of court or needs to go to trial could affect the total amount to be charged In the majority of cases, the attorney's fee is usually between 33 and 40 of the final settlement award or judgement However, a handful of attorneys are only charged a lower percentage of the settlement amount If your lawyer incurred costs for your case, these are subtracted from the final settlement before the attorney's percentage is calculated In this example in the event that your car accident settlement was 100,000 and the attorney was charged 10,000 in costs, they would receive 60,000 as their last payment 100,000 - 10,000 - 30,000 Car accidents can be a disaster for those who are forced to pay medical bills, miss work, or worry about the cost of care in the future A skilled Harlem car accident lawyer can help you obtain the funds to cover these expenses and ease the financial burden following a crash