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The Top Reasons People Succeed With The Motor Vehicle Compensation Industry
Motor Vehicle Litigation 
 
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury decides this based on the evidence presented to them. 
 
In order to be held liable for a personal injury, the defendant has to be negligent during the incident. The amount of liability is determined by the degree to which the negligence contributed to the accident. 
 
Liability 
 
The purpose of a motor accident claim is to seek damages for the damages and injuries caused by negligence of another party. Unless the victim is in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must prove that a defendant’s careless actions or failure to act caused a collision and injuries to the body. 
 
An experienced lawyer can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff’s ability to prove the defendant’s responsibility based on tort liability principles. This includes a defendant’s obligation to the victim, defendant’s infraction of this duty, direct and actual causation, and injuries. 
 
A skilled lawyer can assist in determining the liability of a situation in which the insured driver or owner of the vehicle is involved in a lawsuit. motor vehicle accident lawsuit evanston grant coverage to anyone who uses the vehicle with the approval of the owner, with certain exceptions. This analysis includes a review of CPLR SS 1602. 
 
Damages 
 
A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket that are incurred, as well as the loss that is anticipated due to the injuries sustained. These are known as non-economic and economic damages. 
 
The former covers things such as medical bills and lost earnings, while the latter is compensation for things that are more intangible like suffering and pain. It can be difficult to establish an amount in dollars for non-economic damages like mental distress and loss of enjoyment in life. 
 
Your lawyer will help to determine your damages with a variety of methods. This includes retaining accident reconstruction experts who will review images of the scene, police reports, witness testimony, and other evidence to determine how the accident occurred. 
 
Your lawyer will also strengthen your claim with expert opinions detailing 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 aspects. They are required in order to ensure that you’re fully compensated for the loss you’ve incurred and encounter in the near future. 
 
Comparative Fault 
 
A system known as comparative fault – or contributory negligence – determines how much fault an injured person is accountable for a car crash. This is a major issue in a variety of cases and something that your attorney might have to prove. 
 
The majority of states have some kind of a comparative fault law that allows victims to receive compensation even if their share of blame is an accident. However, the amount they receive in settlement will be reduced according to the degree of fault. For instance, if a jury will award you $100,000 for injuries, but concludes that you’re 40% in the wrong, you’d receive only $60,000. 
 
However, the law is much more complex than that, as there are two distinct varieties of modified comparative fault rules. The first is known as the 50 bar rule, which prevents the victim from claiming damages in cases where they are more than 50% at fault. It is a rule that is followed by certain states, such as Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to claim damages even if found to be at fault. 
 
Statute of limitations 
 
In most instances, the person who was injured in a car crash can bring a lawsuit. However, these lawsuits must be filed within a specific time frame, known as the statute of limitations, or the victim’s legal claim is deemed to be void and barred forever. 
 
The statute of limitations is not a factor in whether or whether an insurance company for the defendant will settle the case. It is focused on the primary event that initiated the case, or the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to tick is essential for making sure that you are in compliance with this crucial legal rule. 
 
In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. This time frame can be reduced in certain circumstances, however. In cases where a child is involved, for instance the statute is suspended until the child is free, which is accomplished by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions and experienced attorneys can assist with the specifics. 
 
Representation 
 
We have a wealth of experience representing and advising public utilities and public entities in matters related 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 also represent transportation businesses, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service. 
 
We can assist you in determining the responsible parties for a motor vehicle accident and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as wrongful death cases. 
 
 
Our commercial motor vehicle practice assists manufacturers, national leasing companies, and national logistics companies regarding product liability and auto accident claims. We manage pre-suit assessments and proactively manage discovery. We apply trial-ready skills for the best possible outcome for our clients whether that is through a an informal resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, as well as relocations.