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Motor Vehicle Litigation In most motor vehicle crash lawsuits the plaintiffs damages are diminished by their percentage of fault The jury will determine this on the basis of the evidence they are presented with To be liable for an injury the defendant must have been negligent at the time of the incident The amount of liability is determined by the extent of negligence that led to the incident Liability The aim of a motor accident claim is to collect damages for damages and injuries caused by the negligence of a third party If the injured party is not in one of the states that operate under a nofault insurance program and a trucking accident lawsuit will require showing that a defendants careless actions or inaction resulted in a collision and the resulting bodily injury motor vehicle accident lawyer somerville can assist you in determining whether the driver who was at fault or another defendant is responsible for your losses The majority of auto accident cases are based on a plaintiffs ability demonstrate the liability of their defendant on traditional tort liability principles which include a defendants obligation to the plaintiff the defendants violation of this duty the causality that is actual and proximate and injuries A skilled lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is involved in a lawsuit Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner with certain exceptions This usually includes a look at CPLR SS 1602 Damages A successful motor vehicle suit must prove the damages suffered by the plaintiff This is usually done by providing detailed information on the expenses out of pocket that are incurred as well as future losses that are expected as a result of the injuries suffered These are referred to as economic or noneconomic damages The former covers things like medical expenses and lost income and the latter is for intangibles such pain and suffering Sometimes it is difficult to assign an exact dollar value to noneconomic damages such as mental anguish and the loss of enjoyment life Your attorney will assist to calculate the damages you have suffered using a variety of methods This may include retaining accident reconstruction specialists who will look over police reports photos witnesses testimony and other evidence in order to reconstruct the crash Your attorney will also bolster your claim with expert opinions detailing the economic and noneconomic consequences of your injuries This includes cost estimates for the future of care and support as well as wage projections and other financial aspects They are crucial in order to ensure youre fully compensated for any losses youve suffered and will continue to be afflicted in the future Comparative Fault In a car accident a system known as comparative blame or contributory negligence determines the degree of fault the injured party is accountable for Its a key issue in a lot of cases and something your attorney may need to prove Most states implement some form of a comparative fault rule that allows victims to pursue compensation even if they share the blame for an accident However the amount of their settlement will be lowered by their level of blame So for example if a jury decides to award you 100000 for your injuries but concludes that youre 40 percent in the wrong youd only get 60000 But the law is more complicated than that because there are two distinct kinds of modified rules of comparative fault The one is known as the 50 bar rule which prohibits an injured party from claiming damages if they are more than 50 percent at fault Colorado and Utah are two states that adhere to this rule The other type known as pure comparative negligence allows victims to recover damages if theyre found to be 99 per cent at fault Statute of Limitations In most situations a person is injured in a car crash is eligible to file a claim against the party responsible for the crash However these lawsuits must be filed within a certain timeframe of limitations or else the claim of the victim will be forever barred The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle and everything to do with the trigger event in the casethe incident or accident which caused the injury Determining the exact time the clock starts to tick is crucial for the compliance of this crucial rule In New York those injured in car accidents have upto three years to make a personal injury claim In some cases the timeline may be shortened In cases where a child is involved as in the statute is suspended until the child is emancipated which can be achieved by marriage or at the age of 18 typically two years after the accident There are other exceptions and a skilled lawyer can advise on the particulars Representation We have extensive experience in representing and advising public entities and utilities in matters related to motor vehicle litigation Our clients include local and county governments state and federal agencies that regulate fixed public utilities including electricity water and sewer services We also represent transportation companies like taxicabs trucking and limousine companies before the Public Utilities Commission in cases concerning rates fees and service In a motor vehicle crash case we will help identify the responsible parties and assist you in your pursuit of compensation Our firm also helps victims of car accidents as well as tractortrailer accidents including wrongful deaths Our commercial motor vehicle practice provides advice to manufacturers national leasing companies and national logistics companies on their product liability and automobile accident claims We handle presuit evaluations and proactively manage discovery We apply trialready techniques to ensure an optimal outcome for the client whether its through a an informal resolution or a favorable final verdict Our team regularly advises franchised motor vehicle motorcycle and truck dealers on factorydealer issues It also represents them in New Motor Vehicle Board protests concerning dealership closures addition of points warranty and incentive audits and relocations
