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Motor Vehicle LitigationIn the majority of motor vehicle collision lawsuits, the plaintiff’s damages are reduced by their percentage of fault. The jury will determine this on the basis of the evidence they receive.To be held responsible for personal injury, the defendant has to have been negligent during the incident. Liability is determined based on the degree of negligence which contributed to the accident.LiabilityThe goal of a motor accident claim is to collect damages for damages and injuries caused by the negligence of another party. A lawsuit for a car or trucking collision will require that the victim's claim be proven that the defendant's negligent acts or inaction led to a collision, and the bodily injuries that resulted.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 hinge on a plaintiff's ability to demonstrate the liability of their defendant on the principles of tort liability and include a defendant's duty to the plaintiff, the breach by the defendant of that duty, real and proximate causation and injuries.A skilled lawyer can help analyze liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most automobile insurance policies contain an affirmative grant of protection to anyone driving the vehicle with owner's permission with certain limitations. This usually includes a look at CPLR SS 1602.DamagesA successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses which are incurred, and also the loss that is expected as a result of the injuries sustained. These are referred to as economic and non-economic damages.The former covers things like medical bills and lost earnings, while the second is compensation for things that are more intangible like suffering and pain. Oftentimes, it can be difficult to determine a specific dollar value to non-economic damages like mental distress and loss of enjoyment of life.Your lawyer will assist in the calculation of your damages through the use of a variety. This could include retaining accident reconstruction experts who review police reports, photographs as well as witnesses' testimony and other evidence in order to reconstruct the crash.Your attorney will also support your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This includes estimates of future care and support costs, wage projections, and other financial factors. This is necessary in order to ensure that you're fully compensated for the loss you have incurred and will be able to recover in the future.Comparative FaultIn a car accident, a system known as comparative blame (or contributory negligence) determines the amount of blame an injured person is responsible for. It's an important issue in many cases and one that your attorney could be required to prove.Most states have some form of a comparative fault law that allows victims to be compensated regardless of their share of the blame lies with an accident. But the amount of their settlement will be reduced according to their level of fault. If, for example a jury awards $100,000 for your injuries, but decides that you are at least 40 percent responsible, you will only receive $60,000.There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they're found to be 99% responsible.motor vehicle accident lawsuit seattle of limitationsIn the majority of cases, a person who is injured in a car accident is allowed to file a lawsuit against the person who caused the crash. These lawsuits must, however be filed within the prescribed time of limitations or else the claim of the victim is forever barred.The statute of limitations does not affect whether or not an insurance company for the defendant will settle the case. It is all about the event that initiated the case, the incident or accident that caused the injury. So, 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 accidents generally have three years to bring personal injury lawsuits. This time frame can be reduced in certain circumstances, but. For instance, in cases where a minor is involved the statute of limitations is suspended until the child becomes legally emancipated after marriage or reaching age 18, which is usually two years following the accident. Other exceptions exist and experienced attorneys can provide advice on the specifics.RepresentationWe have a wealth of experience representing public utilities and public entities on matters relating to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities, such as gas, electric and water/sewer services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and fees.We can help you determine the parties accountable for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including the cases of wrongful death.Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies on the subject of product liability and claims for automobile accidents. We handle pre-suit evaluations, proactively manage discovery and utilize trial-ready expertise to ensure an optimal outcome for the client whether that is through a the summary disposition or a favorable verdict. Our team assists franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relations and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.