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Motor Vehicle Litigation In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will determine this based on the evidence they are presented. In order to be held liable for personal injuries the defendant must be negligent during the incident. The amount of liability is determined by the degree to which negligence contributed to the accident. Liability The purpose of a motor vehicle accident claim is to seek damages for injuries and losses resulting from the negligence of another party. A lawsuit for a car or trucking accident will require that the victim of the accident prove that the defendant's negligent actions or inactions led to a collision, and the resulting bodily injury. An experienced lawyer can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. motor vehicle accident lawsuit torrance on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant’s obligation to the victim, a defendant's infraction of this duty, actual and direct causation and injuries. Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit, too. Most insurance policies for automobiles offer protection to those who operate the vehicle under the authority of the owner, with certain exceptions. This may include a review of CPLR SS 1602. Damages A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is typically accomplished by providing detailed documentation of out-of-pocket expenses incurred as well as the potential for future losses to arise due to the injuries that were sustained. These are known as economic and non-economic damages. The former covers things such as medical bills and lost income, while the latter is a way to compensate for things that are more intangible like pain and suffering. It can be difficult to establish a dollar amount on non-economic damages, such as mental distress and loss of enjoyment. Your lawyer will assist you in calculating your damages through the use of a variety of methodologies. This may include hiring accident reconstruction experts who analyze photos, police reports witness statements, and other evidence to reconstruct the crash. Your lawyer will also support your claim with expert opinion that outline the economic and non-economic impacts of your injuries. This will include estimates of future medical and support costs, wage projections, and other financial factors. This is necessary to ensure that you are fully compensated for the losses you've incurred and experience in the future. Comparative Fault In a car accident the system known as comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. It's a key issue in a variety of cases and something your attorney may be required to prove. Most states implement some kind of a comparative fault rule that allows victims to claim compensation even if they share the blame for an accident. The amount of compensation will be based on the level of responsibility. So, for example If a jury gives you $100,000 for your injuries, but determines that you're 40% at fault, you'd only get $60,000. There are two kinds of modified comparative fault rules. The first is known as the 50 bar rule, which blocks an injured party from receiving damages when they are more 50% at the fault. It is used by some states, including Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to recover damages even if they are found to be 99 % at fault. Statute of limitations In the majority of instances, the person who was injured in a car crash can make a claim. However they must be filed within a specific time frame, known as the statute of limitations, or the claim of the victim is forfeited and barred for ever. The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle or not, and it is all about the trigger event that started the case - the incident or accident that caused the injury. Therefore, knowing exactly when the clock will begin to tick is essential for ensuring compliance with this important legal rule. In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In some instances, this timeline can be reduced. For instance, in cases where a minor is involved, the statute of limitations is paused until the child is fully emancipated through marriage or turning 18 which is usually two years after the accident. There are other exceptions, and a knowledgeable attorney can provide advice on the specifics. Representation We have a wealth of experience representing and advising utilities and public entities in matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation organizations like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service. We can help you determine the parties responsible for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer collisions, which include fatalities caused by negligence. 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 proactively manage discovery. We apply trial-ready techniques to ensure an optimal client outcome, whether through the summary resolution or a favorable final decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers on issues that concern factory-dealer relations and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.

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