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Motor Vehicle Litigation In the majority of motor vehicle collision cases, the plaintiff's amount is reduced by their percentage of the fault. The jury decides this in accordance with the evidence presented to them. In order to be held liable for personal injury, the defendant has to have been negligent during the incident. The degree of liability is determined by the degree to which the negligence contributed to the accident. Liability The goal of a claim for motor vehicle accidents is to seek compensation from the other party in exchange for damages and injuries caused due to their negligence. Unless the victim is in one of the states that operate under a no-fault insurance system, an automobile or trucking accident lawsuit will require showing that a defendant's careless actions or failure to act resulted in a collision and the resulting bodily injury. An experienced lawyer can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's ability to establish their defendant's liability based on the tort liability standard, including a defendant's duty to the plaintiff, the defendant's breach of this duty, actual and proximate causation, and injuries. A experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of an action. Most insurance policies for automobiles offer coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602. Damages A successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses incurred, as well as the loss that is expected due to the injuries suffered. These are called economic and non-economic damages. The former covers things like medical expenses and lost income and the latter is for intangibles like pain and suffering. It is often difficult to determine a specific amount to non-economic damages like mental stress and loss of enjoyment life. Your lawyer will assist to determine your damages using a variety methods. This includes retaining experts in the field of accident reconstruction who analyze photographs of the scene police reports, witness testimony and other evidence to understand the circumstances of the crash. Your attorney will also bolster your claim with expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for the future of care and support as well as wage projections and other financial factors. These are necessary in order to ensure that you're fully compensated for losses you've suffered and will be able to recover in the future. Comparative Fault A system called comparative fault or contributory negligence determines the amount of fault an injured person could be held responsible for a car crash. In many instances, it's a crucial issue that your attorney must prove. Most states implement some form of a comparative fault rule, which permits victims to seek compensation even if they share the blame for an accident. However, the amount they receive in settlement will be reduced according to their level of blame. So, for example If a jury will award you $100,000 for injuries, but finds that you're 40 percent in the wrong, you'd be awarded only $60,000. There are actually two different types of modified comparative fault rules. The first is known as the 50 bar rule, which blocks the victim from receiving damages if they are more than 50% at fault. Colorado and Utah are two states that follow this rule. Another variant is pure comparative fault. This allows victims to claim damages even if they are found to be 99 percent at fault. Statute of Limitations In the majority of cases, a person who is injured in a car crash is allowed to file a lawsuit against the person responsible for the crash. However they must be filed within a certain time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for life. motor vehicle accident attorney virginia beach of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It is all about the initial incident that led to the case, whether it was an incident or accident which caused the injury. The exact time at which the clock starts to tick is crucial to ensure the compliance of this crucial rule. In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. The timeframe may be reduced in certain circumstances, but. For example, in cases where minors are involved, the statute of limitations is suspended until the child is emancipated by getting married or turning 18 which typically takes two years after the date of the accident. There are other circumstances, and a seasoned attorney can give advice on the specifics. Representation We have extensive experience advising and representing public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation businesses including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service. In a motor vehicle crash instance, we are able to identify the parties responsible and support you in your quest for compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, as well as cases of wrongful deaths. Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, and national logistics firms on auto accidents and product liability claims. We handle pre-suit evaluations, manage discovery in a proactive manner and apply trial-ready skills for an optimal client outcome whether that is through a summary disposition or a favorable final verdict. Our team assists franchised motor vehicles as well as truck dealers on issues that concern dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.