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Motor Vehicle Litigation In most motor vehicle accident lawsuits the plaintiffs damages are reduced by their percentage fault This is determined by the jury based on the evidence presented to them To be liable for a personal injury the defendant must have been 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 purpose of a motor vehicle accident claim is to collect damages for the damages and injuries caused by negligence of another party If the injured party is not in one of the states that operate under a nofault system of insurance for trucking or automobile accidents an accident lawsuit will require showing that a defendants careless actions or inaction caused a collision with the resulting bodily injury An experienced attorney can help you determine whether the driver who was at fault or another defendant is responsible for your losses The majority of auto accident cases are based on a plaintiffs capacity to demonstrate the liability of their defendant on the principles of tort liability including a defendants duty to the plaintiff the breach of that duty real and proximate causation and injuries A skilled lawyer can assist in determining the liability of a situation where the insured driver or the owner of the vehicle is a party in a lawsuit The majority of automobile insurance policies include an affirmative grant of coverage to anyone operating the vehicle with the owners permission but subject to certain restrictions This analysis consists of a thorough review of CPLR SS 1602 Damages A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff This is typically accomplished by providing comprehensive documentation on outof pocket expenses incurred as well as the loss that is expected as a result of the injuries sustained These are referred to as economic and noneconomic damages The former covers things like medical bills and lost income while the latter covers more intangible issues like suffering and pain It can be difficult to assign an exact dollar value to damages that are not economic like mental stress and loss of enjoyment of life Your lawyer will help you calculate your damages using a variety methods This includes retaining experts in accident reconstruction who will analyze photographs of the scene police reports witness testimony and other evidence to determine how the crash occurred motor vehicle accident law firm maryland will also support your claim with expert opinion that outline the economic and noneconomic impacts of your injuries These will include estimates of future medical and support costs wage projections and other financial considerations They are crucial to ensure that youre completely compensated for any losses you have suffered and will continue to suffer in the future Comparative Fault A system called comparative fault also referred to as contributory negligence determines how much fault an injured person can be accountable for a car crash In many instances its a crucial issue that your lawyer will have to prove Most states implement some version of a a comparative blame rule that allows victims to seek compensation even if share in the blame for an accident The amount of compensation will be based on the level of blame For example If a jury decides to award you 100000 for your injuries but determines that youre 40 at fault you will receive only 60000 However the law is much more complex than that since there are two distinct kinds of modified rules of comparative fault The one is known as the 50 bar rule which prevents the victim from claiming damages in cases where they are more than 50 percent at the fault Colorado and Utah are two states that follow this rule Another variation is known as pure comparative fault This allows victims to recover damages even if they are found to be 99 percent at fault Statute of limitations In the majority of cases a person is injured in a car crash is legally entitled to file a lawsuit against the party responsible for the crash These lawsuits must however be filed within the timeframe of limitations or else the victims claim will be forever barred The statute of limitations has nothing to do whether or not an insurance company for the defendant will settle the case Its focused on the primary event that triggered the case the incident or accident which caused the injury Determining the exact time the clock starts to tick is vital for complying with this important rule In New York those injured in car accidents have up to three years to start a personal injury lawsuit This time frame can be reduced in certain circumstances but In cases where a minor is involved for instance the statute is suspended until the child is emancipated which can be accomplished by marrying or reaching the age of 18 typically two years after the incident There are other circumstances and a seasoned lawyer can advise on the specifics Representation We have significant experience advising and representing public agencies and utilities on matters related to motor vehicle litigation Our clients include local county state and federal entities that regulate fixed public utilities like gas electric and watersewer services We also represent transportation companies such as taxicabs trucking companies and limousines before the Public Utilities Commission in cases which involve fees rates and service In a motor vehicle crash case we can help determine the parties at fault and assist you in your pursuit of compensation Our firm also assists victims of tractortrailer collisions and car accidents as well as the cases of wrongful death Our commercial motor vehicle practice provides advice to manufacturers national leasing companies and national logistics companies on auto accidents and product liability claims We manage presuit evaluations and are proactive in managing the discovery process We also use trialready skills to achieve the best possible client outcome whether its a summary decision or a favorable final decision Our team assists franchised motor vehicles as well as truck dealers regarding issues pertaining to factorydealer relations and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations
