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Motor Vehicle Litigation In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is determined by the jury based on evidence presented to them. To be held liable for personal injuries, the defendant has to have been negligent during the incident. Liability is determined by the extent to which negligence contributed to the accident. Liability The purpose of a claim for motor vehicle accidents is to collect damages from the other party to compensate for injuries and losses that were caused by their negligence. Unless the victim is in one of the few states that operate under a no-fault insurance program and a trucking accident lawsuit will require showing that a defendant's careless actions or failure to act resulted in a collision and an injury to the body. An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's negligence by relying on tort liability rules. This includes a defendant’s duty to the victim, a defendant's breach of this duty, direct and actual causation, and injuries. A competent lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles offer protection to those who operate the vehicle with the approval of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602. Damages A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses incurred, as well as the future loss expected due to the injuries sustained. These are called economic and noneconomic damages. The former covers things such as medical expenses and lost income while the latter is compensation for more intangible issues like pain and suffering. It is often difficult to assign an exact amount to non-economic damages such as mental anguish and loss of enjoyment life. Your lawyer will help you determine the amount of damages by using a variety of methods. This includes retaining experts in reconstruction of accidents who analyze images of the scene, police reports, witness testimony, and other evidence to help reconstruct how the crash occurred. Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. These will include estimates of costs for future care and assistance, wage projections, and other financial considerations. These are vital to ensure that you're fully compensated for any losses that you have suffered and continue to suffer in the future. Comparative Fault A system known as comparative fault or contributory negligence – defines the amount of fault an injured person can be accountable for a car crash. It's an important issue in a number of cases, and something your attorney may have to prove. Many states have a type of a comparative fault law that allows victims to receive compensation regardless of their share of the blame is attributed to an accident. The amount of compensation will be based on the degree of fault. For example If a jury gives you $100,000 for your injuries, but determines that you're 40 percent in the wrong, you'd only receive $60,000. However, the law is more complicated than that, as there are two distinct types of modified comparative fault rules. The one is known as the 50% bar rule, which bars the victim from receiving damages if they are more than 50% at the fault. motor vehicle accident attorney muncie is followed by several states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to seek damages if they are found to be 99 percent responsible. Statute of Limitations In the majority of cases, a person is injured in a car crash is eligible to file a claim against the party who caused the crash. However these lawsuits must be filed within a specific time period, referred to as the statute of limitations, or the victim's legal claim will be forfeited and barred forever. The statute of limitation does not affect whether or not an insurance company for the defendant will settle the case. It is all about the first incident that brought about the case, or the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is essential for the proper application of this important legal rule. In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. This time frame can be reduced in certain circumstances, but. In the event that a child is involved, for example, the statute is paused until that child is emancipated, which can be achieved by marrying or reaching the age of 18, usually two years after the incident. There are other exceptions, and a skilled attorney can give advice on the specifics. Representation We have extensive experience in as a consultant and advocate for public agencies as well as utilities on issues related 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 companies like 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 help you pursue compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as wrongful death cases. Our commercial motor vehicle practice assists manufacturers, national leasing companies, and national logistics companies on the subject of product liability and automobile accident claims. We manage pre-suit assessments and proactively manage discovery. We utilize trial-ready expertise to ensure an optimal outcome for the client whether that is through a the summary disposition or a favorable final verdict. Our team assists franchised motor vehicles and motorcycle dealers on issues that concern factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.