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Motor Vehicle Litigation In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage of fault. The jury will make this decision according to the evidence they receive. To be held motor vehicle accident attorney virginia beach for a personal injury, the defendant has to have been negligent during the incident. Liability is based on the extent to which negligence caused the accident. Liability The purpose of a claim for motor vehicle accidents is to obtain compensation from the other party for injuries and losses caused through their negligence. If the injured party is not in one of the states that operate under a no-fault insurance program and a trucking accident lawsuit requires that a defendant's careless actions or failure to act resulted in a collision and corresponding bodily injury. An experienced attorney can help you determine whether the driver who caused the accident or any other defendant is accountable for your losses. Most auto accidents cases rely on the plaintiff's ability to prove their defendant's liability based on the tort liability standard and include a defendant's duty to the plaintiff, the defendant's violation of this duty, the real and proximate causation and injuries. A competent lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative provision of coverage for anyone who is operating the vehicle with owner's permission subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602. Damages A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is typically done by providing detailed documentation of the expenses incurred out of pocket as well as future losses that are expected to arise from the injuries suffered. These are known as economic and non-economic damages. The former covers things like medical expenses and lost income while the second is compensation for more intangible things like suffering and pain. Oftentimes, it can be difficult to assign an exact dollar value to non-economic damages like mental stress and loss of enjoyment of life. Your lawyer will assist to determine your damages using a variety of methods. This may include retaining accident reconstruction specialists who will review police reports, photographs witness statements, and other evidence to reconstruct the accident. Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. These will include estimates of future healthcare and support costs, wage projections, and other financial aspects. They are crucial to ensure you are fully compensated for any loss that you have suffered and continue to experience in the near future. Comparative Fault A system referred to as comparative fault or contributory negligence determines how much fault an injured party can be held responsible for a car crash. It's a crucial issue in a number of cases, and something your attorney may be required to prove. The majority of states have some version of a a comparative blame rule that allows victims to seek compensation even if are a part of the blame for an accident. The amount of compensation will be based on their level of responsibility. If, for example the jury awards $100,000 for your injuries, but decides that you are at least 40% responsible, you will only receive $60,000. There are actually two different kinds of modified comparative-fault rules. The first is the 50 bar rule. This prevents an injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which allows victims to claim damages even if they are found to be at fault. Statute of limitations In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the party who caused the accident. However, these lawsuits must, be filed within the statute of limitations or the claim of the victim is forever barred. The statute of limitations does not have anything to do with whether or not an insurance company for the defendant will settle the case. It is all about the initial incident that brought about the case, and the incident or accident that caused the injury. The exact time at which the clock starts to tick is crucial to ensure respecting this important rule. In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. This timeline may be shortened in certain situations, however. If a child is involved, for instance the statute is stopped until the child becomes liberated, which is attained by marriage or when they reach the age of 18 usually two years after the incident. There are other exceptions, and a skilled lawyer can advise on the particulars. Representation We have years of experience advising and representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water and sewer services. We also represent transportation companies like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service. In a motor car accident instance, we are able to determine the responsible parties and assist you in your pursuit of compensation. Our firm assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases. Our practice in commercial motor vehicles 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 assessments and assist in the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client which could be a summary decision or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also 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.