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Motor Vehicle Litigation In most motor vehicle accident cases, the plaintiff's are reduced by the percentage of fault. The jury decides this in accordance with the evidence they are presented with. To be held accountable for personal injuries the defendant must have been negligent in the incident. The amount of liability is determined by the extent of negligence that led to the accident. Liability The goal of a motor vehicle accident claim is to collect damages for injuries and losses resulting from the negligence of a third party. A lawsuit for an automobile or trucking crash will require that the victim's claim be proven that the negligent actions of the defendant or inaction led to a collision, and the resulting bodily injury. An experienced lawyer can help you determine whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases turn on the plaintiff's ability to prove their defendant's liability based on the tort liability standard, including a defendant's duty to the plaintiff, the defendant's breach of the duty, actual and proximate cause, and injuries. A competent lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative grant of coverage for anyone who is driving the vehicle with owner's permission but subject to certain restrictions. This usually involves analyzing CPLR SS 1602. Damages A successful motor vehicle lawsuit has to prove the damages suffered by the plaintiff. This is usually done by providing detailed documentation of out-of-pocket expenses incurred as well as future losses expected to arise from the injuries suffered. These are referred to as economic and non-economic damages. The former covers things such as medical bills and lost income, while the second is compensation for more intangible issues like suffering and pain. Sometimes, it is difficult to determine a specific amount to non-economic damages like mental stress and loss of enjoyment life. Your attorney will assist you in the calculation of your damages through the use of a variety of methods. This could include retaining accident reconstruction experts who review police reports, photographs and witnesses' statements, and other evidence to reconstruct the crash. Your lawyer will also strengthen your claim by providing expert opinions that outline the economic and non-economic impacts of your injuries. These will include estimates of costs for future care and assistance, wage projections and other financial considerations. These are necessary to ensure that you are fully compensated for any losses you've suffered and will be able to recover in the future. Comparative Fault In a car accident the concept of comparative fault (or contributory negligence) determines the amount of fault an injured party is responsible for. It's a key issue in a variety of cases and one that your attorney could be required to prove. Most states have a form of a comparative fault law that allows victims to be compensated even if a portion of the blame lies with an accident. However, the amount of their settlement will be reduced according to their degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you're 40 percent responsible, you will only receive $60,000. There are actually two different types of modified comparative fault rules. The first is referred to as the 50 bar rule, which prohibits the victim from receiving damages if they are more than 50 percent at the fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to seek damages in the event that they are found to be 99% responsible. Statute of limitations In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the person responsible for the crash. However, these lawsuits must be filed within the statute of limitations or the claim of the victim will be barred forever. The statute of limitations is not a factor in whether or not an insurance company for the defendant will settle the case. It is all about the incident that brought about the case, whether it was an incident or accident that caused the injury. Calculating the exact time that the clock begins to tick is crucial to ensure respecting this important rule. In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. motor vehicle accident attorneys manteca may be shortened in certain circumstances, however. In cases where a child is involved, such as, the statute is paused 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 a skilled attorney can provide advice on the particulars. Representation We have extensive experience in representing public utilities and public entities in matters relating 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 water, electricity and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and fees. In a motor vehicle crash instance, we are able to identify the parties responsible and support you in the pursuit of compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as cases of wrongful deaths. Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies on auto accidents and product liability claims. We manage pre-suit assessments, proactively manage discovery and employ trial-ready skills to ensure the best possible outcome for our clients, whether through summary disposition or a favorable verdict. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points as well as warranty and incentive audits, and relocations.

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