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Motor Vehicle LitigationIn the majority of motor vehicle accident cases, the plaintiff's award is reduced by their percentage of the fault. The jury decides this according to the evidence presented to them.To be held accountable for an injury the defendant must be negligent at the time of the incident. The amount of liability is determined by the extent to which negligence caused the accident.LiabilityThe purpose of a motor accident claim is to collect damages for the injuries and losses caused by negligence of another party. If the injured party is not in one of the few states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit must prove that the negligent act of a defendant or inaction resulted in a collision, and corresponding bodily injury.An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accident cases hinge on the plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles and include a defendant's duty to the plaintiff, the breach by the defendant of this duty, real and proximate causation and injuries.A knowledgeable lawyer can assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is involved in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle under the authority of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.DamagesA successful motor vehicle lawsuit will prove the damages incurred by the plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses incurred, as well as future loss that will be expected due to the injuries sustained. These are known as economic and non-economic damages.The former covers things such as medical expenses and lost income. The latter is compensation for more intangible things like pain and suffering. It is often difficult to assign a precise amount to non-economic damages like mental distress and the loss of enjoyment life.Your lawyer will assist you in formulating your damages with the use of a variety. This could include hiring accident reconstruction specialists who will analyze photos, police reports and witnesses' statements, and other evidence in order to reconstruct the accident.Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic effects of your injuries. These will include estimates of future medical and support costs, wage projections, and other financial factors. These are vital to ensure that you're fully compensated for any loss you've suffered and continue to suffer in the future.Comparative FaultIn a car accident the system known as comparative fault (or contributory negligence) determines the degree of fault an injured person is responsible for. In many cases, it's an important aspect that your lawyer will need to prove.Most states have a form of a comparative fault law that allows victims to receive compensation even if their share of the blame lies with an accident. motor vehicle accident attorneys new britain of the settlement will be based on their level of blame. For instance, if a jury will award you $100,000 for injuries, but finds that you're 40% at fault, you will only get $60,000.There are two distinct types of modified comparative-fault rules. The second is known as the 50% bar rule, which prohibits the victim from claiming damages if they are more than 50 percent at fault. It is a rule that is followed by a few states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to recover damages if they're found to be 99% responsible.Statute of LimitationsIn the majority of situations, a person is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the crash. However, these lawsuits must, be filed within the prescribed time of limitations or else the claim of the victim is forever barred.The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle it, and has everything to do with the initial triggering event in the case-the incident or accident that caused the injury. Thus, knowing precisely when the clock begins to run is crucial in to ensure compliance with this important legal requirement.In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. In some cases the timeline may be shortened. In cases where a minor is involved, for example the statute is suspended until the child is liberated, which is achieved by marriage or at the age of 18 usually two years after the incident. There are other exceptions and experienced lawyers can provide advice on the specifics.RepresentationWe have extensive experience in representing utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities such as electricity, water, and sewer services. We also represent transportation entities including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.We can assist you in determining the responsible parties in a motor vehicle accident and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including death by negligence.Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit assessment, proactively manage discovery and employ trial-ready skills to ensure an optimal client outcome whether it's through a the summary disposition or a favorable verdict. Our team counsels franchised motor vehicles and motorcycle dealers on issues that concern factory-dealer relationships. We also represent them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.