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Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are reduced by their percentage fault. This is decided by jurors based on evidence presented to them.

In order to be held liable for a personal injury the defendant must have been negligent during the incident. The degree of liability is determined by amount of negligence that contributed to the incident.

Liability

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

An experienced lawyer can help you determine whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant’s obligation to the victim, the defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.

Additionally, a experienced lawyer can assist with determining the extent of liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit, too. 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 suit must prove the damages suffered by a plaintiff. This is usually accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as future losses expected to arise due to the injuries that were sustained. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles, such as pain and suffering. It can be difficult to quantify an amount in dollars for non-economic losses, like mental distress and loss of enjoyment in life.

motor vehicle accident lawyer new hampshire will assist you in calculating your damages through the use of a range of techniques. This could include hiring accident reconstruction experts who review police reports, photographs and witnesses' statements, and other evidence to reconstruct the accident.

Your attorney will also help to support your claim with expert opinions that outline the economic and non-economic effects of your injuries. This includes cost estimates for future care and support, wage projections and other financial aspects. These are essential to ensure that you are fully compensated for any losses you have suffered and will continue to experience in the near future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence, determines how much fault an injured party can be held responsible for in a car accident. In many instances, it's a crucial issue that your attorney will need to prove.

Most states adopt some type of a comparative fault rule that allows victims to pursue compensation even if they share the blame for an accident. However, the amount they receive in settlement will be reduced based on their degree of fault. So, for example when a jury decides to award you $100,000 for your injuries, but concludes that you're 40% in the wrong, you'd only get $60,000.

However, the law is more complex than that as there are two distinct types of modified rules of comparative fault. The first is referred to as the 50 bar rule, which bars an injured party from receiving damages when they are more 50 percent at fault. It is a rule that is followed by some states, including Colorado and Utah. The other variant, called pure comparative negligence, permits victims to recover damages if they're found to be 99 percent at fault.

Statute of limitations

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

The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case. It's focused on the primary event that triggered the case, and the incident or accident which caused the injury. Therefore, knowing exactly when the clock begins to tick is crucial for making sure that you are in compliance with this crucial legal rule.





In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. The timeframe may be reduced in certain circumstances, but. For instance, in situations where a minor is involved the limitation period is paused until the child becomes free by marrying or turning 18 which is usually two years after the incident. There are other exceptions, and a knowledgeable attorney can provide advice on the particulars.

Representation

We have extensive experience in consulting and representing public entities and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle accident situation, we can determine the responsible parties and support you in your quest for compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics companies on product liability and automobile accidents claims. We handle pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure the best possible outcome for our clients regardless of whether it is through the summary disposition or a favorable decision. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, and relocations.