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Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. The jury decides this based on the evidence they are presented.

To be held liable for injuries, the defendant must be negligent at the time of the incident. motor vehicle accident attorney santa clara of liability is determined by the degree of negligence which contributed to the accident.

Liability


The objective of a claim for motor vehicle accidents is to recover damages from the party who caused the injuries and losses caused due to their negligence. A lawsuit for a car or trucking crash will require that the injured party prove that the negligent actions of the defendant or failure to act resulted in a collision and the resulting bodily injury.

An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. Most auto accidents cases rely on a plaintiff's ability establish their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the defendant's breach of this duty, the real and proximate causation and injuries.

Additionally, a experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle could be the subject of an action. The majority of insurance policies for automobiles include an affirmative guarantee of coverage for anyone who is operating the vehicle with the owner's permission, subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is usually done by providing detailed documentation of the expenses incurred out of pocket as well as future losses that are expected to arise due to the injuries that were sustained. These are referred to as non-economic and economic damages.

The former covers things such as medical expenses and lost income, while the latter is compensation for more intangible issues like suffering and pain. It is difficult to determine an amount of money on non-economic losses, like mental distress and loss of enjoyment.

Your attorney will assist you in the calculation of your damages through the use of a range of techniques. This includes hiring accident reconstruction experts who will look at photographs of the scene, police reports, witness testimony, and other evidence to help reconstruct how the crash occurred.

Your attorney will also help to support your claim by providing expert opinions that outline the economic and non-economic impacts of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial factors. These are vital to ensure that you're completely compensated for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

In a car wreck, a system known as comparative blame (or contributory negligence) determines the degree of fault an injured person is responsible for. In many instances, it's a crucial issue that your lawyer must prove.

Many states have a type of comparative fault rule which allows victims to receive compensation regardless of their share of the blame lies with an accident. However, the amount they receive in settlement will be reduced according to their level of blame. For instance, if a jury awards $100,000 for your injuries, and then determines that you are 40 percent responsible, you'll only receive $60,000.

There are two types of modified comparative fault rules. The second is known as the 50% bar rule, which bars an injured party from claiming damages when they are more than 50 percent at fault. This is the practice of several states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they are found to be 99 percent responsible.

Statute of Limitations

In most instances, an individual who has been injured in a car accident can make a claim. These lawsuits must, however, be filed within the statute of limitations, or else the victim's claim will be barred forever.

The statute of limitation does not have anything to do with whether or whether an insurance company for the defendant will settle the case. It's all about the incident that brought about the case, the incident or accident which caused the injury. Thus, knowing precisely when the clock will begin to tick is crucial for ensuring compliance with this important legal requirement.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. For instance, in situations where a minor is involved, the limitation period is paused until the child becomes free by marrying or reaching age 18, which is usually two years after the date of the accident. There are also exceptions and seasoned lawyers can help you understand the particulars.

Representation

We have a wealth of experience representing and advising public entities and utilities in matters involving 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 entities like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle accident case, we can help determine the responsible parties and support you in your pursuit of compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as the wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies regarding car accidents and product liability claims. We manage pre-suit assessment and assist in the discovery process. We also use trial-ready expertise to achieve an acceptable client outcome whether it's a summative decision or a favorable final decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to factory-dealer relationships. We also represent them at New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.

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