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Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's award is reduced by their percentage of fault. The jury will make this decision on the basis of the evidence they are presented with.

To be liable for an injury the defendant must be negligent at the time of the incident. The amount of liability is determined by the extent of negligence that led to the accident.

Liability

The aim of a claim for motor vehicle accidents is to recover damages from the other party to compensate for losses 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 program and a trucking accident lawsuit must prove that the defendant's negligent actions or failure to act resulted in a collision, and the resulting bodily injury.

An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable 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 which include a defendant's obligation to the plaintiff, the breach of the duty, causality that is actual and proximate, and injuries.

A competent lawyer can assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the permission of the owner, subject to certain exceptions. motor vehicle accident law firm nashua may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is typically done by providing thorough evidence of the expenses incurred, as well as future loss that will be anticipated due to the injuries suffered. These are known as non-economic and economic damages.

The former covers things like medical expenses and lost income, while the latter pays for intangibles, such as suffering and pain. It can be difficult to put an amount in dollars for non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will help to calculate the damages you have suffered using a variety of methods. This includes hiring experts in reconstruction of accidents who analyze photographs of the scene police reports, witness testimony and other evidence to understand the way in which the accident took place.

Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. This includes cost estimates for the future of care and support along with wage projections and other financial factors. These are vital to ensure that you're fully compensated for any loss you've suffered and continue to suffer in the future.





Comparative Fault

In a car accident the concept of comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. It's a crucial issue in a number of cases, and one that your attorney could be required to prove.

Most states adopt some type of a comparative fault rule, which permits victims to claim compensation even if they share in the blame for an accident. However, the amount of their settlement will be reduced based on their degree of fault. If, for example a jury awards $100,000 for your injuries but finds that you are at least 40 percent responsible, you will only receive $60,000.

However, the law is more complicated than that, since there are two distinct forms 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 adhere to this rule. The other type, known as pure comparative negligence, permits victims to seek damages if they are found to be 99 per cent responsible.

Statute of limitations

In the majority of instances, an individual who has been injured who is injured in a car crash may sue. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations or the victim's legal claim is forfeited and barred forever.

The statute of limitation is not a factor in whether or the insurance company of the defendant will settle the case. It's focused on the primary event that initiated the case, whether it was an incident or accident that caused the injury. Therefore, calculating exactly when the clock starts to tick is essential for to ensure compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. In certain instances the timeframe can be reduced. For example, in cases where minors are involved, the statute of limitations is paused until the child becomes fully emancipated through marriage or turning 18 which is typically two years after the incident. There are also exceptions, and experienced attorneys can advise on the specifics.

Representation

We have extensive experience in representing public entities and utilities in matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as gas, electric and water/sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and charges.

In a motor vehicle collision case, we will help determine the parties at fault and assist you in the pursuit of compensation. Our firm assists victims of tractor-trailer accidents and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit evaluations as well as proactively manage discovery. We apply trial-ready skills for an optimal client outcome whether it's through a an informal resolution or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, as well as relocations.