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Motor Vehicle Litigation In the majority of motor vehicle accident cases, the plaintiff's are reduced by the percentage of the fault. The jury will determine this according to the evidence they receive. To be liable for a personal injury, the defendant must be negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the accident. Liability The goal of a claim for motor vehicle accidents is to collect damages from the other party to compensate for damages and injuries caused through their negligence. Unless the injured person lives in one of the few states that operate under a no-fault insurance program and a trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act caused a collision and an injury to the body. An experienced attorney can help you determine the fault of the driver or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's fault in accordance with tort liability principles. This includes a defendant’s obligation to the victim, a defendant's violation of this duty direct and real causation and injuries. A knowledgeable 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 automobile insurance policies grant coverage to anyone who uses the vehicle with the consent of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602. Damages A successful motor vehicle lawsuit has to establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket incurred, as well as the loss that is anticipated due to the injuries sustained. These are referred to as economic and non-economic damages. The former covers things such as medical bills and lost earnings, while the second is compensation for more intangible things like suffering and pain. It can be difficult to determine an exact dollar value to damages that are not economic such as mental anxiety and loss of enjoyment of life. Your attorney will assist in calculating your damages through the use of a variety of methodologies. This includes hiring accident reconstruction experts who will analyze photographs of the scene police reports, witness testimony and other evidence to understand how the crash occurred. Your lawyer will also help your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial aspects. These are essential to ensure you are fully compensated for any losses that you have suffered and encounter in the near future. Comparative Fault In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the amount of fault that the injured party is accountable for. This is a major issue in a lot of cases and something your lawyer may be required to prove. Most states have some form of comparative fault rule which allows victims to receive compensation regardless of their share of the blame is attributed to an accident. However, the amount of their settlement will be reduced according to their level of blame. For example If a jury awards you $100,000 for your injuries but finds you are 40 percent in the wrong, you'd receive only $60,000. However, the law is more complex than that because there are two distinct types of modified rules of comparative fault. The one is known as the 50 bar rule, which blocks an injured party from claiming damages if they are more than 50% at fault. It is used by some states, including Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to claim damages even if found to be at fault. Statute of limitations In the majority of cases, an injured person involved in a car accident may file a lawsuit. However these lawsuits must be filed within a specified period of time, also known as the statute of limitations or the claim of the victim will be forfeited and barred forever. The statute of limitations has nothing to determine whether or not the insurer of the defendant will settle it, and has everything to do with the trigger event in the case-the accident or incident which caused the injury. Knowing the exact moment at which the clock begins to tick is vital for the compliance of this crucial rule. In motor vehicle accident law firm wilmington , people who are injured in car accidents generally have three years to file personal injury lawsuits. In certain cases the timeframe can be shortened. In the event that a child is involved, for instance the statute is suspended until the child becomes free, which is achieved by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions and seasoned lawyers can advise on the specifics. Representation We have extensive experience in representing and advising public entities and utilities on matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities like electricity, water and sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues that concern rates, service and fees. In a motor vehicle crash instance, we are able to determine the responsible parties and support you in your pursuit of compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases. Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, as well as national logistics companies on auto accidents and product liability claims. We handle pre-suit assessments, proactively manage discovery and utilize trial-ready expertise to ensure an optimal client outcome, whether through the summary decision or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, and relocations.