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motor vehicle lawyers Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages are reduced by the percentage of fault. This is decided by jurors based on evidence presented to them.

To be held liable for personal injuries the defendant must be negligent during the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The purpose of a vehicle accident claim is to recover damages for injuries and losses caused by the negligence of a third party. Unless the victim is in one of the few states that operate under a no-fault system of insurance and a trucking accident lawsuit will require showing that the defendant's negligent actions or inaction resulted in a collision and injuries to the body.

An experienced lawyer can assist you in determining whether the person at fault or Motor Vehicle Litigation a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability to prove their defendant's liability based on the principles of tort liability and include a defendant's duty to the plaintiff, the defendant's violation of that duty, actual and proximate causation, and injuries.

Additionally, a competent lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit, too. The majority of insurance policies for automobiles include an affirmative provision of protection to anyone operating the vehicle with the owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawyers vehicle lawsuit will establish the damages sustained by plaintiff. This is typically done by providing thorough evidence of the expenses incurred, as well as the future loss expected due to the injuries suffered. These are known as economic and non-economic damages.

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

Your lawyer will assist to calculate the damages you have suffered with a variety of methods. This includes retaining accident reconstruction experts who will review photographs of the scene, police reports, witness testimony and other evidence to understand how the accident occurred.

Your lawyer will also strengthen your claim with expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial factors. These are crucial to ensure that you're completely compensated for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

A system known as comparative fault - or motor vehicle litigation contributory negligence - defines the extent to which an injured person could be accountable for in a car accident. It's an important issue in a number of cases, and one that your attorney could need to prove.

Most states use some kind of a comparative fault rule, which permits victims to pursue compensation even if they share in the blame for an accident. The amount of the settlement will be determined by the level of responsibility. So, for example when a jury gives you $100,000 for your injuries but finds you are 40 percent at fault, you will be awarded only $60,000.

But the law is more complex than that as there are two distinct kinds of modified comparative fault rules. The first is known as the 50 bar rule, which prohibits an injured party from receiving damages if they are more than 50% at the fault. It is followed by some states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to recover damages if they are found to be 99 percent at fault.

Statute of limitations

In most instances, a person who is injured in a car crash is allowed to file a lawsuit against the person who caused the crash. However, these lawsuits must be filed within the statute of limitations, or else the victim's claim will be barred forever.

The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle, and everything to do with the triggering event that initiated the case, which is the incident or accident which caused the injury. Therefore, knowing exactly when the clock begins to run is crucial in the proper application of this important legal requirement.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. This timeline may be shortened in some circumstances, however. For instance, in situations where minors are involved the statute of limitations is suspended until the child becomes emancipated by getting married or reaching age 18, which typically takes two years after the incident. There are other exceptions, and a skilled attorney can give advice on the particulars.

Representation

We have a wealth of experience in consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water, and sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues regarding rates, services and charges.

In a motor vehicle accident instance, we are able to identify the parties responsible and assist you in your quest for compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle claim vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and assist in the discovery process. We also use trial-ready skills to achieve the best possible client outcome whether it's a summative decision or a favorable decision. Our team counsels franchised motor vehicles, motorcycles and truck dealers on issues relating to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.