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Motor Vehicle Litigation In the majority of motor vehicle accident lawsuits the plaintiffs damages are diminished by their percentage fault This is decided by the jury based on evidence presented to them To be held responsible for personal injuries the defendant has to have been negligent during the incident The amount of liability is determined by the degree to which the negligence contributed to the accident Liability The goal of a motor accident claim is to collect damages from the other party to compensate for injuries and losses that were caused through their negligence A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the defendants negligence or inactions caused a collision and the bodily injuries that resulted An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses Most auto accident cases turn on a plaintiffs ability establish their defendants liability based on traditional tort liability principles that include a defendants responsibility to the plaintiff the defendants breach of this duty actual and proximate cause and injuries A skilled lawyer can also assist in determining liability in cases where the insured driver or owner of the vehicle is a party in a lawsuit Most insurance policies for automobiles provide an affirmative grant of coverage to anyone operating the vehicle with owners permission with certain limitations This analysis also includes a look at of CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages suffered by plaintiff This is typically accomplished by providing detailed documentation of expenses out of pocket as well as future losses that are expected to arise 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 second is compensation for things that are more intangible like suffering and pain It is difficult to determine the dollar value of noneconomic damages such as mental distress and loss of enjoyment Your attorney will assist you determine the amount of damages by using a variety of methods This may include hiring accident reconstruction experts who analyze photos police reports as well as witnesses testimony and other evidence to reconstruct the accident Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries motor vehicle accident lawsuit redondo beach includes estimates of future care and support costs wage projections and other financial factors They are crucial to ensure that you are completely compensated for any losses youve suffered and continue to suffer in the future Comparative Fault A system called comparative fault also known as contributory negligence determines the extent to which an injured person is held responsible for a car crash Its an important issue in a variety of cases and something your lawyer may have to prove The majority of states have some kind of a comparative fault system that allows victims to receive compensation even if a portion of the blame lies with an accident However the amount they receive in settlement will be reduced by their degree of fault If for example the jury awards 100000 for your injuries but determines that youre at 40 responsible you will only receive 60000 However the law is more complex than that because there are two distinct types of modified comparative fault rules The first is the 50 bar rule This prevents the injured party from receiving compensation if theyre at fault for more than 50 Colorado and Utah are two states that follow this rule Another variation is known as pure comparative fault which permits victims to recover damages even if they are found to be at fault Statute of limitations In the majority of cases an injured person who is injured in a car crash may bring a lawsuit These lawsuits must however be filed within the timeframe of limitations or else the victims claim will be forever barred The statute of limitation has nothing to do whether or the insurance company of the defendant will settle the case It is all about the event that initiated the case and the incident or accident that caused the injury Determining the exact time the clock starts to tick is crucial to ensure respecting this important rule In New York people who are injured in car accidents generally have three years to bring personal injury lawsuits The timeframe may be reduced in some circumstances however In cases where a child is involved for example the statute is suspended until that child is emancipated which can be achieved by marriage or at the age of 18 typically two years after the incident There are exceptions to this and experienced lawyers can provide advice on the specifics Representation We have extensive experience representing and advising utilities and public entities in matters involving motor vehicle litigation Our clients include local counties state as well as federal entities regulating fixed public utilities like electric water and gas services We also represent transportation companies such as taxicabs trucking companies and limousines before the Public Utilities Commission in cases concerning rates fees and service We can help you determine the parties responsible for accidents involving motor vehicles and assist you in pursuing compensation Our firm also helps victims of car accidents as well as tractortrailer collisions which include the wrongful deaths Our practice in commercial motor vehicles offers advice to manufacturers national leasing companies and national logistics firms on car accidents and product liability claims We manage presuit evaluations and are proactive in managing the discovery process We also employ trialready skills to obtain a favorable client outcome be it a summary decision or a favorable final verdict Our team regularly counsels franchised motor vehicle motorcycle and truck dealers on factorydealer concerns and represents them in New Motor Vehicle Board protests involving dealership terminations add points warranty and incentive audits as well as relocations
