How to File a Motor Vehicle Lawsuit If a no-fault insurer is unable to compensate you with the money you deserve for medical bills and other expenses, a motor-vehicle lawsuit could be required https//vimeocom/706844174 of car crash cases revolve around proving negligence Your lawyer will attempt to link the defendant's breach in duty to your losses Then, they will negotiate an appropriate settlement Statute of limitations In many states the statute of limitation determines the maximum number years that can pass after a motor car accident before an action can be filed In the event that a suit is not filed before the expiration of this period is a sign that the case has been closed and not able to be recovered Statutes of limitations exist because evidence may disappear over time, victims' memories might fade, and people must to continue living their lives, without the threat of a lawsuit hanging over their heads It is essential to speak with an attorney about the statute of limitations for your claim for car accidents as soon as you can This will ensure that you can file your insurance claim prior to the deadline expiring It will also help your lawyer prepare for negotiations with the other driver's insurance company An experienced lawyer in car accidents will be able to review your state's statute of limitations to find out if there are uncommon exceptions that would allow you to file a lawsuit after the deadline has passed This could include the time that the law allows for people who are legally disabled to have their statute of limitations "tolled" It is essential to discuss this with your attorney The statute of limitations in car accident cases can differ in the event that you are seeking compensation from a municipality or government employee For example, the City of New York requires plaintiffs to deliver the Notice of Claim within 90 days of their accident date Statute of Repose A statute of repose may be thought of as a variant of statute of limitations It is the longest limit a plaintiff has to start a lawsuit The only reason why the lawsuit could be filed outside of this timeframe is when the defendant was in a position to conceal or delay the discovery of an injury or fault The plaintiff will then need to prove the defendant's negligence in creating the injury Statutes of repose are in effect from an unspecified date which could be a substantial completion, certificate of occupancy, or receipt of title the time frame varies by state The plaintiff and the contractor may choose to specify a different date of commencement in the contract, this does not affect the statute of repose The major difference between a statute of repose and a statute of limitations is that the statute of limitations begins at the time that an act of negligence or omission occurred, while a statute of repose is caused by an event or action that has already taken place It can be difficult to file a lawsuit if a product is old or defective Statutes of repose usually bar these types of claims since the products have been in the market for a long time before anyone was injured This is why industries with statutes that prohibit claims have to work hard to pass these laws Damages The amount of damages that are awarded in a motor vehicle accident lawsuit are determined by the severity of the crash and the extent of injuries The damages can be a combination of different things, including medical expenses, lost wages, property damage, in addition to the potential economic loss resulting from permanent or chronic disabilities A skilled lawyer will be able to determine and prove these costs and their impact on the victim and their family Special or economic damages are easy to prove and have a value in dollars Non-economic damages, such as discomfort and pain are more difficult to quantify A judge or jury will decide the value of these damages based upon the severity of the injury and their impact on your life If you want to claim damages, you'll need establish that your injury was directly caused by the accident and that it was the fault of another party Different states have different doctrines which may allow the defendant to lower your recovery or negate it based on the amount of fault they had in the incident The defendant may also make use of any number of other defenses to keep from being held accountable, for example, arguing that the plaintiff was not an active driver at the moment of the crash or that they failed to comply with traffic laws Attorney's Fees Many personal injury lawyers provide an arrangement that is contingent on the outcome of your case This means that you do not need to make a payment upfront to hire an attorney This is a fantastic option for those injured in car accidents who may be struggling financially and cannot afford upfront legal costs The amount of contingency fee charged by an attorney depends on a myriad of factors For instance, the attorney's level of ability and how complicated the case is will influence the fees they charge Additionally, whether the matter settles without court, or needs to be tried could affect the total amount that is charged In most cases, an attorney's fee is usually between 33 and 40 percent of a plaintiff's settlement amount or judgment However, a handful of attorneys will charge a lower percentage of the settlement amount Before calculating the attorney's share the costs incurred by your lawyer for your case are deducted In this case the case of a car accident, if the settlement was 100,000, and the attorney was charged 10,000 in expenses that would result in 60,000 as their final settlement 100,000 - 10,000 - 30,000 Car accidents can be very devastating for those who are forced to pay medical bills, miss work, or worry about the cost of a future health care plan A Harlem car crash lawyer will help you secure the money you need to pay these expenses and ease the financial burden following a car accident