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20 Trailblazers Leading The Way In Motor Vehicle Compensation
motor vehicle accident law firm macon

In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of fault. This is determined by the jury based on the evidence presented to them.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. Liability is based on the degree to which the negligence contributed to the accident.


Liability

The goal of a motor accident claim is to seek damages for injuries and losses caused by the negligence of a third party. A lawsuit for a car or trucking collision will require that the victim's claim be proven that the defendant's negligence or failure to act led to a collision, and the bodily injuries that resulted.

An experienced attorney can help you determine whether the driver at fault or any other defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's fault using tort liability principles. This includes a defendant's duty to the victim, the defendant’s violation of this duty direct and immediate causation as well as injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is involved in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the approval of the owner, with certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is usually accomplished by providing detailed documentation of expenses out of pocket and also future losses expected to arise as a result of the injuries that were sustained. These are called economic and non-economic damages.

The former covers things such as medical expenses and lost income. The latter is compensation for more intangible issues like pain and suffering. It can be difficult to establish a dollar amount on non-economic damages, such as mental suffering and loss of enjoyment.

Your attorney will help you calculate your damages through a variety of ways. This includes retaining experts in the field of accident reconstruction who analyze images of the scene, police reports, witness testimony, and other evidence to determine the circumstances of the crash.

Your attorney will also help to support your claim with expert opinion that outline the economic and non-economic effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial factors. They are required to ensure you are fully compensated for the loss that you have suffered and be able to recover in the future.

Comparative Fault

In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. It's an important issue in many cases and one that your attorney could have to prove.

Most states implement some form of a comparative fault rule that allows victims to pursue compensation even if they share in the blame for an accident. The amount of compensation will be based on their degree of fault. For instance, if an appeals court awards $100,000 for your injuries, and then determines that you are at least 40% responsible, you will only receive $60,000.

However, the law is much more complicated than that, because there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to seek damages if they're found to be 99 per cent at fault.

Statute of Limitations

In the majority of instances, the person who was injured involved in a car accident may make a claim. However the lawsuits must be filed within a certain timeframe known as the statute of limitations, or the claim of the victim is deemed to be void and barred for life.

The statute of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It's all about the event that initiated the case, and the incident or accident that caused the injury. So, knowing exactly when the clock starts to tick is vital for ensuring compliance with this important legal rule.

In New York, people who are injured in car crashes generally have three years to start a personal injury lawsuit. This timeline may be shortened in certain circumstances, but. In cases where a minor is involved, as in the statute is put on hold until the child is emancipated, which can be accomplished by marrying or reaching the age of 18 usually two years after the incident. There are other exceptions, and a knowledgeable lawyer can advise on the particulars.

Representation

We have extensive experience in advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as electric, gas, and water/sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues involving rates, service and charges.

We can assist you in determining the responsible parties in a motor vehicle accident and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on the subject of product liability and claims for automobile accidents. We manage pre-suit assessment and proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client whether it's through a the summary disposition or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points as well as warranty and incentive audits, and relocations.

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