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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's award is reduced by their percentage of the fault. The jury will make this decision according to the evidence presented to them.

To be held responsible for personal injuries the defendant must have been negligent during the incident. Liability is determined by the degree to which the negligence caused the accident.

Liability

The goal of a motor crash claim is to collect damages from the other party to compensate for losses and injuries caused through their negligence. Unless motor vehicle accident lawyer wilmington injured victim lives in one of the states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must prove that the defendant's negligent actions or inaction resulted in a collision and injuries to the body.

An experienced attorney can help you determine if the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's ability demonstrate the liability of their defendant on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach of that duty, actual and proximate causation, and injuries.

Additionally, a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle might be involved in an action. The majority of insurance policies for automobiles include an affirmative provision of protection to anyone driving 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 sustained by plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket and future loss that will be expected due to the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things such as medical expenses and lost earnings, while the latter is a way to compensate for more intangible things like suffering and pain. Sometimes, it is difficult to assign a precise dollar value to damages that are not economic such as mental anguish and loss of enjoyment of life.

Your attorney will assist to determine your damages with a variety of methods. This may include retaining accident reconstruction experts who analyze photos, police reports and witnesses' statements, and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. These will include estimates of future care and support costs, wage projections, and other financial aspects. These are essential to ensure that you are fully compensated for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

In the event of a car crash, a system known as comparative blame (or contributory negligence) determines the amount of fault the injured party is accountable for. In many cases, it's an important issue that your attorney will have to prove.

The majority of states have some kind of a comparative fault law that allows victims to be compensated regardless of whether their part of the blame is attributed to an accident. The amount of compensation will be based on the level of fault. For instance, if an appeals court awards $100,000 for your injuries, but decides that you are 40% responsible, you will only receive $60,000.

There are two distinct types of modified comparative fault rules. The second is known as the 50% bar rule, which bars an injured party from receiving damages when they are more than 50 percent at fault. Colorado and Utah are two states that adhere to this rule. Another variation is known as pure comparative fault. It allows victims to recover damages even if they are found to be at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. However they must be filed within the period of time, also known as the statute of limitations, or the victim's legal claim will be barred and forfeited forever.

The statute of limitations does not affect whether or not an insurance company for the defendant will settle the case. It's focused on the primary incident that brought about the case, whether it was an incident or accident which caused the injury. Calculating the exact time that the clock begins to run is essential for the compliance of this crucial rule.

In New York, those injured in car accidents have up to three years to file a personal injury lawsuit. This timeline may be shortened in some circumstances, however. For instance, in situations where a minor is involved, the statute of limitations is paused until the child becomes emancipated by getting married or reaching age 18, which is usually two years after the incident. There are also exceptions, and experienced attorneys can assist with the specifics.

Representation

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

In a motor vehicle crash case, we will help determine the responsible parties and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies on the subject of product liability and auto accident claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also use trial-ready skills to achieve an acceptable client outcome, be it a summary resolution or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranties and incentive audits, and relocations.