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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of fault. The jury will determine this based on 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.

Liability

The aim of a motor vehicle case accident claim is to seek damages for injuries and losses caused by the negligence of a third party. If the injured party is not in one of the states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that the negligence of a defendant or inaction caused a collision and an injury to the body.

An experienced attorney can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability prove their defendant's liability based on the principles of tort liability, including a defendant's duty to the plaintiff, the defendant's breach of the duty, actual and proximate causation, and injuries.

A competent lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle could be involved in a lawsuit, too. The majority of automobile insurance policies include an affirmative provision of insurance to anyone operating the vehicle with owner's permission but subject to certain restrictions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing detailed documentation of expenses out of pocket as well as future losses that are likely to arise 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 income. The latter is a way to compensate for more intangible things like suffering and pain. It can be difficult to assign a precise value to non-economic losses such as mental anguish and loss of enjoyment life.

Your attorney will assist in the calculation of your damages by making use of a variety. This includes hiring accident reconstruction experts who will examine photographs of the scene police reports, witness testimony and other evidence to help reconstruct the circumstances of the crash.

Your lawyer will also aid your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. This includes estimates of future care and support costs, wage projections and other financial aspects. These are necessary to ensure that you're fully compensated for the losses you have incurred and will suffer in the future.

Comparative Fault

A system called comparative fault or contributory negligence - defines the amount of fault that an injured person can be accountable for a car crash. It's a key issue in a variety of cases and something that your attorney might have to prove.

Most states adopt some kind of a comparative fault rule, which allows victims to pursue compensation even if they share in the blame for an accident. The amount of compensation will be based on the degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you are 40 percent at fault, you'll only receive $60,000.

There are two types of modified comparative fault rules. The first is the 50% bar rule. This rules out the injured party from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other type, known as pure comparative negligence, permits victims to claim damages if they're found to be 99% at fault.

Statute of Limitations

In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the person responsible for the accident. However these lawsuits must be filed within a specified timeframe known as the statute of limitations, or the claim of the victim is deemed to be void and barred for life.

The statute of limitation has nothing to do whether or not an insurance company for the defendant will settle the case. It is all about the first event that initiated the case, whether it was an incident or accident that caused the injury. The exact time at which the clock begins to tick is vital for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. In some instances, this timeline can be shortened. In the event that a child is involved, such as the statute is stopped until that child is emancipated, which can be accomplished by marrying or reaching the age of 18, typically two years after the accident. There are exceptions to this and seasoned lawyers can assist with the specifics.

Representation

We have years of experience representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities like electric, water and gas services. We represent transportation companies, such as limousines and taxicabs before the Public Utilities Commission on issues involving rates, service and charges.

In a motor vehicle collision situation, we can determine the responsible parties and assist you in your pursuit of compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including the wrongful deaths.

Our practice in commercial motor vehicle law [www.plantsg.com.sg] vehicles assists 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 apply trial-ready techniques to ensure an acceptable client outcome, be it a summary resolution or a favorable final verdict. Our team regularly advises franchised motor truck, motor vehicle law motorcycle, and vehicle dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, as well as relocations.