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Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages award is reduced by their percentage of fault. This is determined by the jury based on the evidence presented to them.

To be held liable for injuries, the defendant must be negligent at the time of the incident. The degree of liability is determined by the extent to which negligence contributed to the accident.

Liability

The goal of a motor crash claim is to seek compensation from the party who caused the injuries and losses caused due to their negligence. A lawsuit for a car or trucking collision will require that the injured party prove that the defendant's negligent acts or inaction 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 prove the defendant's responsibility based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's failure to fulfill this duty, actual and direct causation and injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle might be involved in a lawsuit, too. The majority of insurance policies for automobiles provide coverage to any person who drives the vehicle with the permission of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses incurred, as well as the future loss anticipated due to the injuries suffered. These are referred to as non-economic and economic damages.

The former is for things like medical expenses and lost income as well as compensation for intangibles such as suffering and pain. Oftentimes, it can be difficult to determine an exact value to non-economic losses like mental distress and loss of enjoyment life.

Your lawyer will assist you calculate your damages using a variety of methods. This includes hiring experts in the field of accident reconstruction who review 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 seeking expert opinions on the economic and non-economic consequences of your injuries. This includes estimates of future medical and support costs, wage projections and other financial considerations. They are crucial in order to ensure you're fully compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence - defines the amount of fault that an injured person can be accountable for in a car accident. It's a key issue in a number of cases, and something that your attorney might need to prove.

Most states implement some form of a comparative fault rule, which allows victims to claim compensation even if they have a share of the blame in an accident. However, the amount they receive in settlement will be reduced by their degree of fault. If, for instance, the jury awards $100,000 for your injuries, but decides that you're 40 percent responsible, you will only receive $60,000.

However, the law is more complicated than that as there are two distinct varieties of modified comparative fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they're responsible for more than 50%. It is used by some states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to claim damages if they're found to be 99% at fault.

Statute of limitations

In the majority of situations, a person is injured in a car crash is entitled to file a lawsuit against the person responsible for the accident. However, these lawsuits must, be filed within the prescribed time of limitations or else the victim's claim will be barred forever.

The statute of limitations does not affect whether or whether an insurance company representing the defendant will settle the case. It is all about the first event that triggered the case, whether it was an incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to tick is vital for the proper application of this important legal requirement.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. In some instances, this timeline can be shortened. In cases where a minor is involved, for example the statute is put on hold until the child is emancipated, which can be achieved by marrying or reaching the age of 18 usually two years after the accident. Other exceptions exist, and experienced attorneys can provide advice on the specifics.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We also represent transportation organizations, such as taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, including wrongful deaths.

motor vehicle accident lawsuit las vegas  in commercial motor vehicles offers advice to national leasing companies and national logistics companies regarding product liability and claims for automobile accidents. We handle pre-suit evaluations as well as proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients whether it's through a summary disposition or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.