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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's are reduced by the percentage of the fault. The jury will make this decision in accordance with the evidence they are presented.

To be held responsible for personal injury the defendant must have been negligent during the incident. Liability is based on the extent to which negligence caused the accident.

Liability

The objective of a motor crash claim is to seek compensation from the other party for damages and injuries caused through their negligence. A lawsuit for an automobile or trucking crash requires that the victim's claim be proven that the defendant's negligent acts or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accident cases are based on a plaintiff's ability prove their defendant's liability based on the tort liability standard and include a defendant's duty to the plaintiff, the breach by the defendant of that duty, real and proximate causation and injuries.

A knowledgeable lawyer can assist you in determining the liability in cases where the insured driver or owner of the vehicle could be the subject of an action. The majority of automobile insurance policies provide coverage to anyone who uses the vehicle under the authority of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.





Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses which are incurred, and also future loss that will be expected due to the injuries sustained. These are referred to as economic or non-economic damages.

The former covers things like medical expenses and lost earnings, while the latter covers more intangible things like suffering and pain. Oftentimes, it can be difficult to assign an exact dollar value to damages that are not economic like mental stress and the loss of enjoyment life.

Your attorney will assist to determine your damages using a variety of methods. This could include retaining accident reconstruction specialists who will examine police reports, photos witness statements, and other evidence to reconstruct the crash.

Your lawyer will also strengthen your claim with expert opinions outlining the economic and non-economic consequences of your injuries. This includes cost estimates for the future of care and support along with wage projections and other financial considerations. These are crucial to ensure that you are fully compensated for any loss that you have suffered and continue to experience in the near future.

Comparative Fault

A system called comparative fault - also known as contributory negligence, determines the amount of fault an injured person could be accountable for in a car accident. In many instances, it's a crucial aspect that your lawyer will have to prove.

Most states have a form of a comparative fault system that allows victims to be compensated regardless of their share of the blame is for an accident. However, the amount they receive in settlement will be lowered by their level of blame. For instance when a jury decides to award you $100,000 for your injuries, but determines that you're 40% at fault, you'd only get $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is the 50% bar rule. This rules out an injured person from receiving compensation if they are at fault for more than 50%. Colorado and Utah are two states that adhere to this rule. The other type, known as pure comparative negligence, allows victims to claim damages if they are found to be 99% responsible.

Statute of Limitations

In most instances, a person injured involved in a car accident may bring a lawsuit. These lawsuits must, however be filed within the statute of limitations or else the claim of the victim is forever barred.

The statute of limitations is not a factor in whether or whether 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 which caused the injury. Therefore, knowing exactly when the clock starts to run is crucial in ensuring compliance with this important legal rule.

In motor vehicle accident law firm miami gardens , people who are injured in car crashes generally have three years to bring personal injury lawsuits. This timeline may be shortened in certain circumstances, but. In cases where a child is involved, for instance the statute is stopped until that child is emancipated, which can be attained by marriage or when they reach the age of 18, usually two years after the incident. There are other exceptions, and an experienced lawyer can advise on the specifics.

Representation

We have extensive experience providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can help you determine the responsible parties in accidents involving motor vehicles and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include wrongful deaths.

Our commercial motor vehicle practice assists manufacturers, national leasing companies, and national logistics companies on product liability and auto accident claims. We manage pre-suit assessments as well as proactively manage discovery. We apply trial-ready skills for an optimal client outcome regardless of whether it is through summary disposition or a favorable decision. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.