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Motor Vehicle Litigation In the majority of motor vehicle accident cases the plaintiffs damages award is reduced by their percentage of fault This is decided by the jury on the basis of evidence presented to them To be held liable for injuries the defendant must be negligent at the time of the incident Liability is determined by the degree of negligence which contributed to the incident Liability The goal of a motor vehicle accident claim is to seek compensation from the party who caused the damages and injuries caused due to their negligence If the injured party is not in one of the states that operate under a no fault insurance system an automobile or trucking accident lawsuit will require showing that the negligence of a defendant or inaction caused a collision with an injury to the body An experienced lawyer can assist you in determining if the atfault driver or any other defendant is accountable for your losses Most auto accidents cases rely on a plaintiffs capacity to establish the liability of their defendant based on the tort liability standard and include a defendants duty to the plaintiff the breach of that duty actual and proximate cause and injuries A skilled lawyer can assist in analyzing liability in situations in which the insured driver or the owner of the vehicle is a party in a lawsuit The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the approval of the owner with certain exceptions This analysis consists of a thorough review of CPLR SS 1602 Damages A successful motor vehicle lawsuit will prove the damages sustained by plaintiff This is usually accomplished by providing a detailed account of expenses out of pocket as well as future losses that are likely to arise from the injuries that were sustained These are known as noneconomic and economic damages The former covers things like medical bills and lost earnings while the latter is compensation for more intangible things like pain and suffering motor vehicle accident lawsuit tempe can be difficult to determine a dollar amount on noneconomic losses like mental distress and loss of enjoyment Your lawyer will assist to calculate the damages you have suffered using a variety methods This includes retaining accident reconstruction experts who will look at photographs of the scene police reports witness testimony and other evidence to help reconstruct how the accident occurred Your attorney will also bolster your case with expert opinions detailing the economic and noneconomic effects of your injuries This will include cost estimates for future care and assistance wage projections and other financial factors They are crucial in order to ensure youre compensated fully for any losses that you have suffered and continue to experience in the near future Comparative Fault A system known as comparative fault or contributory negligence defines the amount of fault an injured party can be held responsible for in a car accident In many cases its an important issue that your attorney will have to prove Most states have some form of comparative fault rule that allows victims to be compensated regardless of their share of the blame is attributed to an accident However the amount of their settlement will be reduced by their level of blame For instance the case where a judge gives you 100000 for your injuries but finds that youre 40 in the wrong youd be awarded only 60000 But the law is more complicated than that because there are two distinct forms of modified rules of comparative fault The first is the 50 bar rule This rule prevents the injured party from receiving compensation if theyre at fault for more than 50 percent Colorado and Utah are two states that are governed by this rule Another variant is pure comparative fault This allows victims to recover damages even if found to be at fault Statute of limitations In most instances an individual who has been injured who is injured in a car crash may make a claim However these lawsuits must be filed within a specific time frame known as the statute of limitations or the claim of the victim is forfeited and barred for ever The statute of limitation has nothing to do whether or whether an insurance company for the defendant will settle the case Its all about the first event that initiated the case or the incident or accident which caused the injury Calculating the exact time that the clock starts to tick is crucial for complying with this important rule In New York people who are injured in car accidents generally have three years to bring personal injury lawsuits In some instances the timeline may be shortened For example in cases where a minor is involved the time limit for a lawsuit is suspended until the child becomes free by marrying or turning 18 which is usually two years following the accident There are also exceptions and experienced lawyers can help you understand the particulars Representation We have extensive experience advising and representing public utilities and public entities in matters involving motor vehicle litigation Our clients include local counties state as well as federal entities regulating fixed public utilities such as gas electric and watersewer services We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues that concern rates service and fees We can assist you in determining the responsible parties in a motor vehicle accident and help you pursue compensation Our firm also assists victims of tractortrailer accidents and car accidents as well as cases of wrongful deaths Our commercial motor vehicle practice provides guidance to manufacturers national leasing companies as well as national logistics companies about product liability and automobile accidents claims We manage presuit evaluations and assist in the discovery process We also apply trialready techniques to ensure a favorable client outcome be it a summary decision or a favorable final decision Our team advises franchised motor vehicles as well as truck dealers regarding issues pertaining to factorydealer relations and represents them in New Motor Vehicle Board protests regarding the termination of dealerships audits of incentive and warranty programs as well as relocations
