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fairhope motor vehicle accident attorney 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 held liable for injuries, the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree of negligence which contributed to the incident.

Liability

The aim of a claim for motor vehicle accidents is to seek compensation from the party who caused the losses and injuries caused through their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit must prove that the defendant's negligent actions or inaction caused a collision with the resulting bodily injury.

An experienced attorney can help you determine the fault of the driver or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's ability establish the liability of their defendant based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's violation of this duty, causality that is actual and proximate, and injuries.

Additionally, a knowledgeable lawyer can assist you in determining liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit as well. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically done by providing thorough evidence of the expenses incurred, as well as future losses that are expected as a result of the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles like suffering and pain. It is often difficult to determine a specific dollar value to damages that are not economic such as mental anxiety and loss of enjoyment life.

Your attorney will assist to determine your damages using a variety methods. This includes hiring experts in the field of accident reconstruction who look at photos of the scene, police reports, Attorneys witness testimony, and other evidence to understand the way in which the accident took place.

Your attorney will also help to support your claim with expert opinions that outline the economic and non-economic consequences of your injuries. These will include estimates of future healthcare and support costs, wage projections and other financial factors. These are crucial to ensure you are fully compensated for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's an important issue in many cases and one that your attorney could have to prove.

Most states implement some type of a comparative fault rule that allows victims to seek compensation even if share the blame for an accident. However, the amount they receive in settlement will be lowered by their level of fault. If, for instance, an appeals court awards $100,000 for your injuries, but decides that you're at 40 percent responsible, you will only receive $60,000.

However, the law is more complex than that, as there are two distinct kinds of modified comparative fault rules. The first is the 50% bar rule. This prevents the injured party from receiving compensation if they are at fault for more than 50%. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault, which permits victims to claim damages even if found to be at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car accident is entitled to file a lawsuit against the person who caused the accident. However, these lawsuits must be filed within a specific period of time, also known as the statute of limitations or the claim of the victim is forfeited and barred forever.

The statute of limitations does not have anything to do with whether or the insurance company of the defendant will settle the case. It's all about the first incident that brought about the case, the incident or accident that caused the injury. Therefore, knowing exactly when the clock will begin to tick is essential for to ensure compliance with this important legal requirement.

In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits. In some instances the timeline may be shortened. For instance, in situations where a minor is involved the time limit for a lawsuit is suspended until the child becomes legally emancipated after marriage or turning 18 which is typically two years after the date of the accident. There are other circumstances, and a seasoned attorney can provide advice on the specifics.

Representation

We have a wealth of experience in as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like water, electricity and sewer services. We also represent transportation organizations like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle crash case, we can help identify the parties responsible and assist you in the pursuit of compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on the subject of product liability and claims for automobile accidents. We manage pre-suit evaluations and assist in the discovery process. We also use trial-ready expertise to achieve the best possible client outcome, be it a summary disposition or favourable final verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and Poughkeepsie Motor Vehicle Accident Lawyer represents them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.