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Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are lowered by their percentage of fault. This is decided by the jury based on evidence presented to them.

In order to be held liable for personal injury the defendant must be negligent during the incident. Liability is determined by the degree to which the negligence contributed to the accident.

Liability

The purpose of a motor vehicle accident claim is to collect damages for damages and injuries caused by another party's negligence. A lawsuit for an automobile or trucking collision will require that the victim's claim be proven that the defendant's negligent actions or failure to act led to a collision, and the bodily injuries that resulted.

An experienced attorney can help you determine if the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases hinge on a plaintiff's capacity to prove their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the defendant's violation of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle could be involved in an action. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to establish damages suffered by the plaintiff. This is usually done by providing detailed documentation of the out-of-pocket expenses that were incurred and also future losses expected to result from the injuries suffered. These are referred to as economic or noneconomic damages.

The first is for things like medical expenses and lost income and the latter is for intangibles like pain and suffering. It is difficult to put the dollar value of non-economic damages, such as mental distress and loss of enjoyment in life.





Your lawyer will assist in the calculation of your damages through the use of a variety of methods. This includes retaining experts in reconstruction of accidents who look at photographs of the scene police reports, witness testimony, and other evidence to reconstruct how the accident occurred.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic implications of your injuries. motor vehicle accident law firm plano will include cost estimates for the future of care and support as well as wage projections and other financial considerations. These are essential to ensure that you're fully compensated for the losses you've incurred and suffer in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's a key issue in many cases and something your attorney may be required to prove.

Most states use some kind of a comparative fault rule that allows victims to seek compensation even if share in the blame for an accident. However, the amount they receive in settlement will be lowered by the degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, and then determines that you are at least 40 percent responsible, you'll only receive $60,000.

There are two types of modified comparative fault rules. The first is the 50 bar rule. This rule prevents an injured party from receiving compensation if they're at fault for more than 50%. This is the practice of some states, including Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to seek damages even if found to be at fault.

Statute of Limitations

In the majority of cases, an injured person in a car crash can file a lawsuit. However, these lawsuits must, be filed within a certain timeframe of limitations, or else the victim's claim will be forever barred.

The statute of limitations does not have anything to do with whether or the insurance company of the defendant will settle the case. It's all about the first incident that led to the case, the incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to run is crucial in the proper application of this important legal rule.

In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits. This time frame may be cut down in some circumstances, however. For instance, in cases where a minor is involved, the statute of limitations is suspended until the child is legally emancipated after marriage or reaching age 18, which is typically two years after the date of the accident. There are other exceptions, and an experienced lawyer can advise on the particulars.

Representation

We have years of experience representing utilities and public entities 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, including water, electricity and sewer services. We also represent transportation companies, such as taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies on car accidents and product liability claims. We manage pre-suit assessments and actively manage the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client whether it's a summary resolution or a favorable final verdict. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern factory-dealer relations and represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.