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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage of fault. This is decided by the jury on the basis of evidence presented to them.

To be liable for a personal injury the defendant must be negligent at the time of the incident. Liability is determined based on the degree of negligence which contributed to the accident.

Liability

The aim of a claim for motor vehicle Accidents; trademarketclassifieds.com, is to recover damages from the other party to compensate for losses and injuries caused by their negligence. Unless the injured person lives in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and injuries to the body.

An experienced lawyer can assist you in determining whether the driver at fault or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's responsibility using tort liability principles. This includes a defendant's duty to the victim, the defendant's failure to fulfill this duty, direct and real causation and injuries.

A skilled lawyer can also assist in determining liability in cases in which the insured driver or the owner of the vehicle is involved in a lawsuit. The majority of insurance policies for automobiles include an affirmative guarantee of insurance to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses which are incurred, and also future loss that will be expected due to the injuries suffered. These are known as non-economic and economic damages.

The former covers things like medical expenses and lost income and the latter is for intangibles such suffering and pain. Sometimes, it is difficult to assign a precise dollar value to non-economic damages such as mental anguish and loss of enjoyment of life.

Your attorney will assist you calculate your damages using a variety of methods. This includes hiring experts in reconstruction of accidents who examine photos of the scene, police reports, motor Vehicle accidents witness testimony, and other evidence to reconstruct how the accident occurred.

Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. This will include estimates of future care and support costs, wage projections and other financial considerations. These are essential to ensure that you are completely compensated for any losses you've suffered and continue to experience in the near future.

Comparative Fault

In a car accident, a system known as comparative blame (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many cases, it's an important issue that your attorney will need to prove.

The majority of states have some kind of comparative fault rule that allows victims to receive compensation even if their share of the blame is for an accident. However, the amount they receive in settlement will be reduced based on their level of blame. For example when a jury decides to award you $100,000 for motor vehicle Accidents your injuries but finds you are 40% at fault, you'd receive only $60,000.

However, the law is much more complex than that, since there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This bar rule blocks the injured party from receiving compensation if they're at fault for more than 50%. It is followed by some states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to seek damages in the event that they're found to be 99 percent at fault.

Statute of Limitations

In the majority of instances, a person injured involved in a car accident may make a claim. These lawsuits must, however be filed within the statute of limitations or else the claim of the victim is forever barred.

The statute of limitations has nothing to determine whether or not the insurer of the defendant will settle, and it is all about the initial triggering event in the case-the incident or accident that led to the injury. The exact time at which the clock starts to tick is vital for respecting this important rule.

In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In some cases this time frame can be reduced. In the event that a child is involved, for example the statute is stopped until the child is liberated, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and a knowledgeable attorney can give advice on the particulars.

Representation

We have a wealth of experience representing utilities and public entities in matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, including electricity, water and sewer services. We also represent transportation businesses including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor vehicle collision situation, we can determine the parties at fault and assist you in the pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, which include wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies on product liability and automobile accidents claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also use trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summary decision or a favorable decision. Our team counsels franchised motor vehicle accident lawyer vehicles and motorcycle dealers regarding issues pertaining to factory-dealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.