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Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished 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 to which the negligence contributed to the accident.

Liability

The goal of a motor vehicle accident claim is to seek compensation from the other party in exchange for 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 and a trucking accident lawsuit will require showing that a defendant's careless actions or inaction caused a collision and an injury to the body.

An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's fault using tort liability principles. This includes a defendant’s duty to the victim, a defendant's breach of this duty, actual and direct causation and injuries.

A skilled lawyer can also assist in analyzing liability in situations where the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative provision of coverage to anyone operating the vehicle under the owner's permission subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. motor vehicle accident lawsuit fort worth is typically accomplished by providing comprehensive documentation on out-of pocket expenses that are incurred, as well as the loss that is expected due to the injuries sustained. These are called economic and non-economic damages.

The first is for things like medical expenses and lost income as well as compensation for intangibles such as suffering and pain. It can be difficult to put the dollar value of the non-economic damage, such as mental distress and loss of enjoyment.

Your lawyer will help to calculate the damages you have suffered using a variety methods. This may include hiring accident reconstruction experts who analyze photos, police reports witness statements, and other evidence to reconstruct the crash.

Your attorney will also bolster your claim with expert opinions detailing the economic and other consequences of your injuries. This includes estimates of the future costs of care and support costs, wage projections and other financial considerations. This is necessary in order to ensure that you're fully compensated for losses you've incurred and experience in the future.

Comparative Fault

In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured party is responsible for. It's a key issue in a variety of cases and something your lawyer may need to prove.

Many states have a type of a comparative fault law that allows victims to receive compensation even if a portion of blame is an accident. The amount of the settlement will be determined by their level of blame. For example, if a jury awards you $100,000 for your injuries, but finds that you're 40 percent at fault, you'd receive only $60,000.

However, the law is much more complicated than that, as there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This prevents an injured person from receiving compensation if they are responsible for more than 50%. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, allows victims to seek damages in the event that they're found to be 99 per cent responsible.





Statute of limitations

In most instances, a person who is injured in a car crash is eligible to file a claim against the person responsible for the accident. However, these lawsuits must be filed within the prescribed time of limitations, or else the victim's claim will be forever barred.

The statute of limitation does not affect whether or whether an insurance company for the defendant will settle the case. It is all about the first incident that brought about the case, or the incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to tick is crucial for the proper application of this important legal requirement.

In New York, those injured in car accidents have up-to three years to bring a personal injury lawsuit. This timeline may be shortened in some circumstances, however. If a child is involved, such as the statute is suspended until that child is emancipated, which can be attained by marriage or when they reach the age of 18 typically two years after the accident. There are other exceptions, and experienced attorneys can assist with the specifics.

Representation

We have extensive experience in as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as electric, gas and water/sewer services. We also represent transportation organizations like taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle crash case, we can help identify the parties responsible and assist you in your pursuit of compensation. Our firm also helps victims of car accidents and tractor-trailer accidents, including death by negligence.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, as well as national logistics companies on the liability of their products and automobile accidents claims. We manage pre-suit assessments and assist in the discovery process. We also use trial-ready skills to obtain a favorable client outcome which could be a summary disposition or favourable final verdict. Our team counsels franchised motor vehicles and motorcycle dealers on issues relating to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.