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Motor Vehicle Litigation In most motor vehicle accident lawsuits the plaintiffs damages are reduced by their percentage fault The jury will determine this according to the evidence they are presented with To be liable for a personal injury the defendant must be negligent at the time of the incident The amount of liability is determined by the degree to which the negligence caused the accident motor vehicle accident attorneys ogden of a motor vehicle accident claim is to obtain compensation from the other party for injuries and losses caused by their negligence A lawsuit for an automobile or trucking collision will require that the victims claim be proven that the defendants negligent acts or inactions led to a collision and the bodily injuries that resulted An experienced attorney can help you determine whether the driver who caused the accident or another defendant is responsible for your losses Most auto accident cases turn on a plaintiffs ability to prove their defendants liability based on the tort liability standard and include a defendants duty to the plaintiff the defendants violation of that duty real and proximate causation and injuries A knowledgeable lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle are involved in a lawsuit Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone operating the vehicle with owners permission but subject to certain restrictions This analysis often includes reviewing CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages sustained by plaintiff This is usually done by providing detailed information on the expenses out of pocket incurred as well as the future loss expected due to the injuries sustained These are called economic and noneconomic damages The former is used to cover things like medical expenses and lost income while the latter pays for intangibles such as pain and suffering It is often difficult to assign an exact value to noneconomic losses such as mental anxiety and loss of enjoyment of life Your attorney will assist you determine the amount of damages by using a variety of methods This may include retaining accident reconstruction experts who look over police reports photos and witnesses statements and other evidence to reconstruct the accident Your attorney will also bolster your claim with expert opinions detailing the economic and noneconomic effects of your injuries This will include estimates of future medical and support costs wage projections and other financial aspects This is necessary to ensure that you are fully compensated for the loss youve suffered and will encounter in the near future Comparative Fault In a car accident a system called comparative fault or contributory negligence determines the amount of fault that an injured person is responsible for In many cases its an important issue that your lawyer will have to prove The majority of states have some kind of a comparative fault rule which permits victims to seek compensation even if they have a share of the blame in an accident The amount of compensation will be based on their level of responsibility For example the case where a judge decides to award you 100000 for your injuries but determines that youre 40 in the wrong youd be awarded only 60000 There are two kinds of modified comparativefault rules The one is known as the 50 bar rule which prevents the victim from claiming damages if they are more than 50 percent at fault Colorado and Utah are two states that follow this rule The other type is pure comparative fault This allows victims to recover damages even if found to be 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 party who caused the crash These lawsuits must however be filed within the timeframe of limitations or else the claim of the victim is forever barred The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case Its focused on the primary incident that brought about the case and the incident or accident which caused the injury Therefore knowing exactly when the clock starts to run is crucial in to ensure compliance with this important legal rule In New York people who are hurt in car crashes generally have three years to bring personal injury lawsuits This time frame can be reduced in some circumstances however For instance in situations where minors are involved the limitation period is paused until the child is emancipated by getting married or reaching age 18 which is usually two years after the accident There are exceptions to this and experienced lawyers can assist with the specifics Representation We have significant experience advising and representing public agencies as well as utilities on issues related to motor vehicle litigation Our clients include local county state and federal entities regulating fixed public utilities such as gas electric and watersewer services We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues concerning rates service and fees We can assist you in determining the responsible parties for an accident involving a motor vehicle and assist you in pursuing compensation Our firm also assists victims of car accidents and tractortrailer accidents including fatalities caused by negligence Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies and national logistics companies on the subject of product liability and auto accident claims We handle presuit evaluations proactively manage discovery and apply trialready techniques to ensure an optimal outcome for the client whether through summary resolution or a favorable final verdict Our team counsels franchised motor vehicles as well as truck dealers regarding issues pertaining to factorydealer relationships We also represent them in New Motor Vehicle Board protests regarding the termination of dealerships audits of incentive and warranty programs and relocations
