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motor vehicle accidents Vehicle Litigation  
  
In the majority of motor vehicle accident lawsuits, the plaintiff's damages are diminished by their percentage of fault. The jury will determine this based on the evidence they are presented with.  
  
To be held responsible for personal injury the defendant must have been negligent during the incident. The amount of liability is determined by the amount of negligence that contributed to the accident.  
  
Liability  
  
The purpose of a vehicle accident claim is to recover damages for injuries and losses caused by the negligence of a third party. Unless the injured victim lives in one of the states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit requires that the defendant's negligent actions or failure to act resulted in a collision and the resulting bodily injury.  
  
An experienced lawyer can assist you in determining whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's capacity to establish the liability of their defendant based on the tort liability standard which include a defendant's obligation to the plaintiff, Motor vehicle accident attorney the defendant's violation of this duty, actual and proximate cause, and injuries.  
  
A competent lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle may be involved in lawsuits as well. The majority of insurance policies for automobiles include an affirmative grant of coverage to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.  
  
Damages  
  
A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is typically accomplished by providing detailed documentation of the expenses incurred out of pocket as well as future losses that are likely to arise due to the injuries suffered. These are referred to as economic and non-economic damages.  
  
The first is for things like medical expenses and lost income, while the latter pays for intangibles like suffering and pain. It can be difficult to assign an exact dollar value to damages that are not economic such as mental anguish and the loss of enjoyment life.  
  
Your lawyer will assist you in calculating your damages through the use of a variety of methodologies. This could include hiring accident reconstruction experts who will review police reports, photographs as well as witnesses' testimony and other evidence in order to reconstruct the accident.  
  
Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This includes 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 loss that you have suffered and encounter in the near future.  
  
Comparative Fault  
  
In a car accident the system known as comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. It's a key issue in many cases and something your lawyer may need to prove.  
  
Most states have some form of comparative fault rule which allows victims to receive compensation regardless of their share of blame is an accident. However, the amount of their settlement will be reduced based on their level of blame. For instance, if a jury awards $100,000 for your injuries, motor vehicle accident attorney but determines that you're at 40 percent responsible, you will only receive $60,000.  
  
There are actually two different kinds of modified comparative-fault rules. The second is known as the 50 bar rule, which prohibits an injured party from receiving damages if they are more than 50% at fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault. It allows victims to recover damages even if they are found to be 99 % at fault.  
  
Statute of Limitations  
  
In most cases, an injured person who is injured in a car crash may file a lawsuit. However, these lawsuits must, be filed within the timeframe of limitations, or else the claim of the victim is forever barred.  
  
The statute of limitations has nothing to do with whether or not the insurance company of the defendant will settle, and it is all about the trigger event in the case-the incident or accident that caused the injury. So, knowing exactly when the clock will begin to tick is essential for making sure that you are in compliance with this crucial legal rule.  
  
In New York, people who are injured in car crashes generally have three years to start a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. In cases where a child is involved, for instance the statute is put on hold until the child is emancipated, which can be achieved by marrying or reaching the age of 18 typically two years after the accident. There are exceptions to this and experienced attorneys can provide advice on the specifics.  
  
Representation  
  
We have a wealth of experience representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, water and gas services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues regarding rates, services and fees.  
  
In a motor vehicle accident case, we can help identify the parties responsible and support you in your pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer accidents, including death by negligence.  
  
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 handle pre-suit assessments and proactively manage the discovery process. We also employ trial-ready skills to achieve the best possible client outcome whether it's a summary decision or a favorable final decision. Our team regularly counsels franchised motor vehicle accident attorney, library.pilxt.Com, truck, motorcycle and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.