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motor vehicle accident lawyers Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will decide this in accordance with the evidence presented to them.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. Liability is based on the degree to which the negligence caused the accident.

Liability

The goal of a motor crash claim is to collect damages from the other party for injuries and losses that were caused through their negligence. A lawsuit for an automobile or trucking accident will require that the victim's claim be proven that the defendant's negligent actions or inactions caused a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant’s duty to the victim, the defendant's breach of this duty, direct and real causation and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle could be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative guarantee of insurance to anyone operating the vehicle with owner's permission with certain limitations. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses and the loss that is expected as a result of the injuries sustained. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost income. The latter covers more intangible things such as pain and suffering. It can be difficult to determine a specific amount to non-economic damages such as mental anguish and the loss of enjoyment life.

Your lawyer will assist to determine your damages using a variety of methods. This could include hiring accident reconstruction specialists who will examine police reports, photos and witnesses' statements, and other evidence in order to reconstruct the accident.

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. This will include cost estimates for future care and assistance, wage projections, and other financial factors. They are required to ensure that you are fully compensated for losses you've suffered and will be able to recover in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence - defines how much fault an injured person could be accountable for a car crash. This is a major issue in a number of cases, and something that your attorney might have to prove.

Most states adopt some form of a comparative fault rule, which allows victims to seek compensation even if they share in the blame for an accident. But the amount of their settlement will be reduced based on their level of fault. If, for instance, a jury awards $100,000 for your injuries, but decides that you're at 40 percent responsible, you'll only receive $60,000.

There are two kinds 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 a rule that is followed by several states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to claim damages if they're found to be 99 percent responsible.

Statute of limitations

In most cases, a person who is injured in a car accident is eligible to file a claim 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 will be forever barred.

The statute of limitation is not a factor in whether or the insurance company of the defendant will settle the case. It is all about the initial incident that brought about the case, or the incident or accident which caused the injury. The exact time at which the clock begins to tick is vital for respecting this important rule.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. The timeframe may be reduced in certain situations, however. If a child is involved, for instance the statute is stopped until the child becomes free, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are exceptions to this and experienced attorneys can provide advice on the specifics.

Representation

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

We can help you determine the responsible parties for accidents involving motor vehicles and help you pursue compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and claims for automobile accidents. We manage pre-suit assessment, proactively manage discovery and apply trial-ready skills for an optimal outcome for the client whether that is through a the summary decision or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Accident Lawyers [Www.S9Y.Zassi.De] Vehicle Board protests that involve terminations of dealerships, the addition of points warranty and incentive audits, and relocations.