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In most motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. The jury will determine this on the basis of the evidence they are presented with.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree to which negligence caused the accident.

Liability

The objective of a claim for motor vehicle accidents is to recover damages from the party who caused the injuries and losses caused due to their negligence. A lawsuit for an automobile or trucking accident will require that the injured victim prove that the defendant's negligence or failure to act caused a collision and the bodily injury that resulted from it.

An experienced attorney can help you determine the fault of the driver or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's guilt in accordance with tort liability principles. This includes a defendant's obligation to the victim, defendant's breach of this duty, direct and immediate causation as well as injuries.

A skilled lawyer can also help analyze liability in situations where the insured driver or owner of the vehicle are involved in a lawsuit. Most insurance policies for automobiles provide an affirmative provision of coverage to anyone operating the vehicle with owner's permission but subject to certain restrictions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses incurred, as well as future losses that are expected 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 like suffering and pain. It can be difficult to establish the dollar value of the non-economic damage, such as mental suffering and loss of enjoyment.

Your lawyer will assist in formulating your damages with the use of a variety of methodologies. This includes hiring experts in reconstruction of accidents who review photographs of the scene, police reports, witness testimony and other evidence to understand how the accident occurred.

Your lawyer will also support your claim by providing expert opinions detailing the economic and other consequences of your injuries. This will include estimates of the cost for future care and assistance, wage projections and other financial factors. These are crucial to ensure that you are fully compensated for any loss you've suffered and motor vehicle accidents will continue to be afflicted in the future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. This is a major issue in a lot of cases and something your attorney may have to prove.

Most states adopt some version of a a comparative blame rule, which allows victims to seek compensation even if they share in the blame for an accident. The amount of compensation will be determined by the degree of fault. If, for instance, an appeals court awards $100,000 for your injuries, and then determines that you are at least 40 percent responsible, you'll only receive $60,000.

There are two distinct kinds of modified comparative fault rules. The first is the 50% bar rule. This rule prevents the injured party from receiving compensation if they're responsible for more than 50 percent. It is followed by some states, including Colorado and Utah. Another variation is known as pure comparative fault. This allows victims to claim damages even if they are found to be 99 % at fault.

Statute of Limitations

In the majority of cases, an injured person in a car accident can sue. However, these lawsuits must be filed within a certain timeframe of limitations or the claim of the victim will be barred forever.

The statute of limitation has nothing to do whether or not an insurance company for the defendant will settle the case. It's all about the event that initiated the case, or the incident or accident which caused the injury. So, knowing exactly when the clock will begin to run is crucial in to ensure compliance with this important legal rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. This time frame can be reduced in certain circumstances, but. In cases where a minor is involved, such as the statute is stopped until that child is legally emancipated. This can be achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions and experienced lawyers can help you understand the particulars.

Representation

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

We can assist you in determining the parties accountable for accidents involving motor vehicle accident lawsuits vehicles and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as fatalities caused by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies regarding auto accidents and product liability claims. We manage pre-suit evaluations and motor vehicle accidents proactively manage the discovery process. We also use trial-ready skills to obtain an acceptable client outcome whether it's a summary decision or a favorable final decision. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, as well as relocations.