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How to File a Motor Vehicle Lawsuit A motor vehicle lawsuit is needed in the event that a no-fault insurer is unable to provide you with the amount you are due for your medical bills and other losses. Most car accident cases turn on proving negligence. Your lawyer will work to establish the defendant's breach duty to your loss. They will then negotiate a fair settlement. Statute of limitations In most states, the statute of limitations sets the maximum time that may pass after an accident in the car before the lawsuit can be filed. If you don't submit your lawsuit within this time frame, your case will be time-barred. It's no longer recoverable. Statutes of limitations exist because evidence may vanish over time, victims' memories may fade, and victims need to go on with their lives without the risk of a lawsuit hanging over them. Consult an attorney as early as you can regarding the limitations on time that apply to your auto accident claim. motor vehicle accident attorneys south carolina will help ensure you have the ability to make your insurance claim prior to the deadline is up. This will also 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 are eligible for any exceptions that permit you to file after the deadline. This could include the fact that law permits people who are legally incompetent to be granted a “statute of limitations” “tolled.” Discuss this with your attorney. The statute of limitations for car accidents may also vary according to the type of claim against an official of a municipality or government employee. In New York, for example, plaintiffs must serve a Notice of Claim no later than 90 days after the accident. Statute of Repose A statute of repose can be described as an expiration date for steroids. It is the most time-bound period of time a plaintiff can sue. The only reason why a lawsuit would ever be filed outside of this timeframe is when the defendant was able to hide or delay the discovery of an injury or fault. The victim would then be required to prove the defendant was negligent in the causing of the injury and must be held accountable. Statutes of repose begin at an unspecified date which could be a substantial completion, certificate of occupancy or receipt of title (the timing is different for each state). The statute of repose isn't affected by the fact that the plaintiff and contractor may specify a different date in the contract. The key distinction between a statute of repose and a statute of limitations is that a statute of limitations is triggered at the time that an omission or act of wrongful conduct occurred, whereas a statute of repose is caused by an event or event that has already occurred. This is why it's difficult to file a lawsuit for personal injuries resulting from old or defective products. Statutes of Repose typically block these kinds of claims due to the fact that the products have been on the market for a long time before any injuries occur. This is the reason why companies with statutes that prohibit claims have to work hard to pass laws. Damages The severity of the incident and the damage sustained will determine the amount of damages awarded in a car accident lawsuit. These claims can include various things including medical expenses, lost wages, property damage and future economic losses as a result of an ongoing or permanent injury. A skilled lawyer will be able calculate and prove these costs and their impact on the family of the victim. Special or economic damages are the easiest to prove and have a certain dollar value attached to them. Non-economic damages, like discomfort and pain are more difficult to quantify. A jury or judge will decide the value of these damages in relation to the severity of the injuries and their impact on your life. If you're seeking damages, you must establish that your injury was directly triggered by the accident, and that it was the fault or responsibility of a third party. Different states have different doctrines that permit the defendant to limit or negate your recovery according to their level of responsibility for the incident. The defendant could also resort to a number of other defenses to avoid liability. For instance they might argue that the plaintiff didn't drive at the time of the accident or that they didn't follow traffic laws. Attorney's Fees Many personal injury attorneys offer a contingency-based fee arrangement, meaning that you don't have to pay upfront for an attorney to represent you. This is a great solution for car accident victims who may be financially strapped and unable to pay upfront legal fees. The amount of a contingency fee the attorney charges depends on a myriad of factors. The fees an attorney charges will be contingent on a variety of factors, such as the level of expertise and the complexity of the case. Additionally, whether the matter settles outside of court or needs to go to trial will affect the total cost that is charged. In most cases, the attorney's fees is between 33% and 40 % of the final settlement amount or judgment. However, some lawyers are only charged a lower percentage of the settlement amount. Before calculating the attorney's portion the costs incurred by your lawyer for your case are subtracted. In this example the attorney could receive $60,000 in the event that the settlement for your car accident was $100,000 and he had paid $10,000 in expenses. ($100,000.0-10,000-$30,000). Car accidents can be extremely devastating for victims who are forced to pay medical bills or worry about future medical costs. A Harlem lawyer for car crashes can assist you in obtaining the money needed to cover these expenses and ease the financial burden after a crash.