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Motor Vehicle LitigationIn most motor vehicle accident lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. This is decided by the jury based on the evidence presented to them.To be held liable for a personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by amount of negligence that contributed to the accident.LiabilityThe purpose of a motor accident claim is to obtain compensation from the other party in exchange for injuries and losses that were caused due to their negligence. A lawsuit for an auto or trucking accident will require that the injured victim prove that the defendant’s negligence or inaction caused a collision and the bodily injury that resulted from it.An experienced lawyer can help you determine whether the at-fault driver or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff’s ability to prove the defendant’s negligence in accordance with tort liability principles. This includes a defendant’s obligation to the victim, a defendant’s failure to fulfill this duty, actual and direct causation and injuries.A experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the owner of the vehicle may be involved in lawsuits as well. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle with the approval of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.DamagesA successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing a detailed account of out-of-pocket expenses incurred and also the potential for future losses to arise due to the injuries sustained. These are referred to as economic and non-economic damages.The former is for things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. It can be difficult to establish an amount in dollars for non-economic damages, such as mental distress and loss of enjoyment.Your attorney will help to calculate the damages you have suffered using a variety of methods. motor vehicle accident attorneys concord could include retaining experts in accident reconstruction who will analyze photos, police reports as well as witnesses’ testimony and other evidence to reconstruct the accident.Your lawyer will also strengthen your claim with expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of the cost for the future of care and support, wage projections and other financial aspects. These are crucial in order to ensure you’re fully compensated for any loss you have suffered and will continue to be afflicted in the future.Comparative FaultIn a car accident, a system called comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. It’s a key issue in a variety of cases and something that your attorney might be required to prove.Most states implement some kind of a comparative fault rule, which permits victims to pursue compensation even if they share the blame for an accident. But the amount of their settlement will be lowered by their level of blame. For instance the case where a judge awards you $100,000 for your injuries, but concludes that you’re 40% at fault, you will receive only $60,000.There are two distinct types of modified comparative-fault rules. The one is known as the 50% bar rule, which blocks an injured party from claiming damages in cases where they are more than 50 percent at fault. This is the practice of a few states, including Colorado and Utah. Another variant is pure comparative fault, which allows victims to claim damages even if found to be 99 percent at fault.Statute of LimitationsIn most instances, a person injured who is injured in a car crash may make a claim. However they must be filed within a specified time period, referred to as the statute of limitations or the claim of the victim will be barred and forfeited for life.The statute of limitations does not affect whether or not an insurance company for the defendant will settle the case. It is all about the initial event that triggered the case, and the incident or accident which caused the injury. Therefore, knowing exactly when the clock starts to run is crucial in ensuring compliance with this important legal rule.In New York, those injured in car accidents have up to three years to make a personal injury claim. In some instances the timeline may be reduced. For instance, in situations where a minor is involved, the statute of limitations is paused until the child is emancipated by getting married or turning 18 which typically takes two years after the date of the accident. Other exceptions exist and experienced attorneys can assist with the specifics.RepresentationWe have years of experience advising and representing public entities 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 gas, electric and water/sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases that involve rates, fees and service.We can help you determine the parties responsible for the cause of a motor vehicle crash and help you pursue compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies regarding product liability and auto accident claims. We handle pre-suit assessments and proactively manage the discovery process. We also apply trial-ready expertise to achieve the best possible client outcome, be it a summary disposition or favourable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, and relocations.