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Motor Vehicle Litigation

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

In order to be held liable for a personal injury, the defendant has to be negligent during the incident. Liability is based on the degree to which the negligence caused the accident.

Liability

The objective of a motor crash claim is to recover damages from the other party for damages and injuries caused through their negligence. Unless the injured person lives in one of the few states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit will require showing that a defendant's careless actions or failure to act caused a collision and an injury to the body.

An experienced lawyer can assist you in determining whether the person at fault or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's ability to prove their defendant's liability based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the defendant's violation of this duty, actual and proximate cause, and injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies include an affirmative guarantee of coverage to anyone operating the vehicle with owner's permission with certain limitations. This analysis consists of a thorough review of CPLR SS 1602.





Damages

A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is typically done by providing detailed documentation of the out-of-pocket expenses that were incurred as well as the potential for future losses to arise from the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter pays for intangibles such as pain and suffering. Sometimes, it is difficult to assign a precise value to non-economic losses such as mental anxiety and loss of enjoyment life.

Your attorney will assist in the calculation of your damages through the use of a variety of methodologies. This includes retaining experts in accident reconstruction who will analyze photographs of the scene police reports, witness testimony and other evidence to understand how the crash occurred.

Your attorney will also help to support your claim with expert opinion outlining the economic and non-economic impacts of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial factors. These are vital to ensure that you are completely compensated for any losses you've suffered and continue to suffer in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence determines how much fault an injured person can be accountable for in a car accident. It's an important issue in many cases and something your attorney may have to prove.

Most states adopt some kind of a comparative fault rule, which permits victims to seek compensation even if they share the blame for an accident. However, the amount they receive in settlement will be reduced based on their level of fault. For instance the case where a judge gives you $100,000 for your injuries, but finds that you're 40 percent at fault, you would only receive $60,000.

However, the law is more complicated than that, because there are two distinct forms of modified rules of comparative fault. The first is known as the 50% bar rule, which prohibits the victim from receiving damages in cases where they are more than 50 percent at fault. It is used by some states, including Colorado and Utah. The other type is pure comparative fault, which allows victims to recover damages even if they are found to be 99 % at fault.

Statute of Limitations

In the majority of instances, the person who was injured in a car crash can file a lawsuit. These lawsuits must, however be filed within the prescribed time of limitations or else the claim of the victim will be barred forever.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle or not, and it is all about the trigger event in the case, which is the incident or accident which caused the injury. Therefore, calculating exactly when the clock starts 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 can have up to three years to start a personal injury lawsuit. The timeframe may be reduced in certain situations, however. If a child is involved, for example the statute is stopped until the child becomes legally emancipated. This can be achieved by marrying or reaching the age of 18, typically two years after the accident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.

motor vehicle accident attorneys montana have a wealth of experience representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as water, electricity and sewer services. We also represent transportation organizations including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the parties responsible for a motor vehicle accident and assist you in pursuing compensation. Our firm assists victims of tractor-trailer accidents and car accidents, including the cases of wrongful death.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics firms on product liability and automobile accidents claims. We handle pre-suit assessments and proactively manage discovery. We apply trial-ready skills for an optimal client outcome, whether through summary decision or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, as well as relocations.