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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage of fault. This is determined by the jury based on evidence presented to them.

To be held liable for injuries the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent to which negligence caused the accident.

Liability

The goal of a motor accident claim is to recover damages for the damages and injuries caused by another party's negligence. A lawsuit for an auto or trucking crash will require that the injured party prove that the negligent actions of the defendant or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant’s obligation to the victim, defendant's violation of this duty direct and immediate causation as well as injuries.

Additionally, a knowledgeable lawyer can assist you in determining liability in situations where the insured driver or the owner of the vehicle could be the subject of lawsuits as well. The majority of insurance policies for automobiles provide coverage to any person who drives the vehicle under the authority of the owner, with certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

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

The former covers things such as medical bills and lost income. The latter covers things that are more intangible like suffering and pain. Oftentimes, motor vehicle accident law firm lake charles can be difficult to assign a precise dollar value to non-economic damages like mental distress and loss of enjoyment life.

Your lawyer will assist to determine your damages using a variety methods. This may include hiring experts in accident reconstruction who will review police reports, photographs as well as witnesses' testimony and other evidence to reconstruct the crash.

Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This will include cost estimates for the future of care and support along with wage projections and other financial aspects. This is necessary to ensure that you are fully compensated for the loss you've incurred and encounter in the near future.

Comparative Fault

A system referred to as comparative fault - also known as contributory negligence determines the amount of fault an injured party can be accountable for in a car accident. In many cases, it's an important issue that your attorney will need to prove.

Most states have a form of comparative fault rule that allows victims to be compensated regardless of whether their part of the blame lies with an accident. The amount of the settlement will be determined by the degree of fault. For example when a jury awards you $100,000 for your injuries but finds you are 40% at fault, you'd receive only $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they are at fault for more than 50%. It is followed by certain states, such as Colorado and Utah. The other variant, called pure comparative negligence, permits victims to claim damages if they're found to be 99% responsible.

Statute of Limitations

In the majority of situations, a person is injured in a car crash is entitled to file a lawsuit against the party responsible for the crash. However they must be filed within a specific timeframe known as the statute of limitations, or the claim of the victim will be barred and forfeited for life.

The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case. It's all about the first event that initiated the case, or the incident or accident that caused the injury. Thus, knowing precisely when the clock will begin to tick is essential for to ensure compliance with this important legal requirement.

In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. This timeline may be shortened in some circumstances, however. For example, in cases where minors are involved, the time limit for a lawsuit is suspended until the child becomes legally emancipated after marriage or reaching age 18, which is usually two years following the accident. There are also exceptions and seasoned lawyers can provide advice on the specifics.

Representation

We have a wealth of experience in as a consultant and advocate for public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including electricity, water and sewer services. We also represent transportation companies like taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor car accident case, we can help identify the responsible parties and assist you in your quest for compensation. Our firm also assists victims of car accidents as well as tractor-trailer collisions, which include the wrongful deaths.





Our practice in commercial motor vehicles offers advice to national leasing companies, and national logistics companies on their product liability and automobile accident claims. We handle pre-suit assessments and assist in the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client which could be a summary decision or a favorable decision. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, as well as relocations.