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How to File a Motor Vehicle Lawsuit If a no fault insurer refuses to compensate you with the money you deserve for medical bills and other losses, a motor vehicle lawsuit could be required. The majority of car accident cases are centered around proving negligence. Your lawyer will establish the defendant's breach duty to your loss. They will then negotiate a fair settlement. Statute of Limitations In the majority of states the statute of limitation is the time limit that can be allowed to pass following an accident in a motor vehicle before the lawsuit is filed. If you don't make your claim within this time frame, your lawsuit will be deemed to be time-barred. It's no longer recoverable. Statutes of limitations exist due to the fact that evidence can disappear with time, the victims' memories could disappear, and people need to get on with their lives without the fear of the possibility of a lawsuit looming over them. You should consult an attorney as soon as you can to learn about the limitations on time applicable to your automobile accident claim. This will ensure you are able to file your insurance claim before the deadline runs out. This will also prepare your lawyer for negotiations with the insurance company of the other driver. A car accident lawyer with experience can review the statute of limitations in your state to determine if you're eligible for any special exceptions that could allow you to file after the deadline. This could include the fact that the law permits those who are legally incapable to be granted a “statute of limitations” “tolled.” Discuss this with your attorney. The statute of limitations for car accident cases can differ according to whether you're seeking a settlement from a municipality or government employee. In New York, for instance plaintiffs are required to serve a Notice of Claim no later than 90 days after the accident. Statute of Repose A statute of repose is basically a statute of limitations on steroids. It is the maximum time period a plaintiff is allowed to start a lawsuit. A lawsuit can only be filed outside this time limit if the defendant is able to conceal an injury or delay the discovery. The victim will be required to prove that the defendant was negligent in causing the injury, and should be held accountable. Statutes of repose commence at an unspecified date, such as substantial completion, a certificate of occupancy, or a receipt of title (the time frame varies by state). The plaintiff and the contractor may specify an alternate date for starting in the contract, it will not affect the statute of repose. The main difference between a statute limitations and the law of repose is that the statute of limitations is activated based on the date of a wrongful act, whereas a law of repose is triggered based on an event or action which has already occurred. It is often difficult to bring a lawsuit when an item is old or is defective. These types of claims are usually barred by statutes of repose since the products involved have been on the market for a long time before someone gets hurt. This is why lobbyists from industries that have statutes of repose must work hard to pass these laws. Damages The extent of the accident and the extent of injuries sustained will determine the damages awarded in a car accident lawsuit. The damages can be a combination of different things, including medical expenses, lost wages, property damage, in addition to future economic losses due a permanent or chronic disability. A competent lawyer will be able to calculate and prove these costs and the impact they have on the family of the victim. Economic or special damages are the easiest to prove and have a precise dollar value associated with them. Non-economic damages like pain and suffering are harder to quantify, and a judge or jury will decide their value by the severity of your injuries, the impact they have had on your life, and the likelihood that they'll remain a burden on you in the future. If you're looking to claim damages, you'll need to show that your injury was directly triggered by the accident and that it was the fault of another party. Different states have different doctrines which may allow the defendant to reduce your compensation or completely eliminate it based on how much blame they were attributable to the incident. The defendant may also use various other defenses in order to avoid liability. For instance they could argue that the plaintiff wasn't driving at the time of the collision or that they failed to follow traffic laws. motor vehicle accident lawyer colorado 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 struggling financially and might not be able to afford upfront legal fees for their case. The amount that an attorney charges as a contingency fee is contingent on a variety of variables. The fees an attorney charges will depend on several factors, such as the level of expertise and complexity of the case. The total fee charged could also be affected if the case is resolved outside of court, or if it requires trial. In most cases, the attorney's charge is between 33% and 40% of the final settlement or judgment. However, some attorneys 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 instance in the event that your car accident settlement was $100,000 and the attorney had $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, take time off from work, or be concerned about the cost of a future health care plan. A qualified Harlem lawyer can assist you in obtaining funds to pay these costs and ease the financial burden following a car accident.