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Motor Vehicle LitigationIn the majority of motor vehicle accident lawsuits, the plaintiff's damages are reduced by their percentage fault. The jury will decide this in accordance with the evidence they receive.To be held accountable for personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by the degree to which negligence caused the accident.LiabilityThe aim of a claim for motor vehicle accidents is to recover damages from the other party to compensate for damages and injuries caused through their negligence. A lawsuit for a car or trucking crash will require that the victim of the accident prove that the negligent actions of the defendant or inactions led to a collision, and the resulting bodily injury.An experienced lawyer can help you determine whether the driver at fault or other defendant is liable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence by relying on tort liability rules. This includes a defendant’s duty to the victim, defendant's failure to fulfill this duty, direct and real causation and injuries.A competent lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle are involved in a lawsuit. Most automobile insurance policies grant coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.DamagesA successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is usually accomplished by providing detailed documentation of out-of-pocket expenses incurred and also future losses that are expected to arise as a result of the injuries sustained. These are referred to as economic or non-economic damages.The former covers things such as medical bills and lost income while the latter is compensation for more intangible issues like suffering and pain. It is difficult to determine an amount of money on non-economic damages like mental distress and loss of enjoyment in life.Your attorney will assist in calculating your damages through the use of a range of techniques. This includes retaining experts in reconstruction of accidents who analyze photographs of the scene, police reports, witness testimony and other evidence to reconstruct how the accident occurred.Your attorney will also help to support your claim with expert opinion detailing the economic and non-economic consequences 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 fully compensated for losses that you have suffered and encounter in the near future.Comparative FaultA system called comparative fault or contributory negligence - defines the amount of fault that an injured person could be held responsible for in a car accident. It's an important issue in a lot of cases and something your lawyer may be required to prove.Many states have a type of a comparative fault law that allows victims to be compensated regardless of their share of the blame is for an accident. However, the amount of their settlement will be lowered by the degree of fault. If, for example an award of $100,000 is made by a jury for your injuries, but determines that you're 40% 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 prevents 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. The other type is pure comparative fault, which allows victims to seek damages even if they are found to be 99 percent at fault.Statute of LimitationsIn most instances, a person who is injured in a car crash is allowed to file a lawsuit against the party who caused the accident. However motor vehicle accident attorney california must be filed within the time period, referred to as the statute of limitations or the claim of the victim is deemed to be void and barred for ever.The statute of limitations has nothing to have anything to do with whether the insurer of the defendant will settle, and everything to do with the triggering event that initiated the case-the incident or accident that led to the injury. The exact time at which the clock begins to run is essential for respecting this important rule.In New York, those injured in car accidents can have up to three years to start a personal injury lawsuit. This time frame may be cut down in certain circumstances, but. In cases where a minor is involved, for example the statute is suspended until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18, typically two years after the accident. Other exceptions exist and experienced attorneys can help you understand the particulars.RepresentationWe have a wealth of experience representing and advising public entities and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like electricity, water, and sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues that concern rates, service and charges.In a motor vehicle collision case, we can help identify the parties responsible and support you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include wrongful deaths.Our commercial motor vehicle practice advises manufacturers, national leasing companies, and national logistics companies on their product liability and claims for automobile accidents. We handle pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready skills to obtain an outcome that is favorable to the client, be it a summary resolution or a favorable final verdict. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues relating to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.
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