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orangeburg motor vehicle accident law firm Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is decided by the jury based on the evidence presented to them.

To be held liable for injuries the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree to which negligence caused the accident.

Liability

The purpose of a motor vehicle accident claim is to seek compensation from the party who caused the injuries and losses that were caused through their negligence. Unless the victim is in one of the states that operate under a no fault insurance system and a trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and injuries to the body.

An experienced attorney can help you determine whether the person at fault or a different defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's capacity to demonstrate the liability of their defendant on the principles of tort liability, including a defendant's duty to the plaintiff, the breach of that duty, causality that is actual and proximate, and injuries.

A skilled lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle are involved in a lawsuit. The majority of insurance policies for automobiles provide coverage to anyone who operates the vehicle with the approval of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is typically done by providing detailed documentation of expenses out of pocket as well as future losses expected to result from the injuries sustained. These are referred to as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles like pain and suffering. It is difficult to put an amount in dollars for non-economic losses, like mental suffering and loss of enjoyment in life.

Your lawyer will help you calculate your damages with a variety of methods. This may include hiring accident reconstruction specialists who will analyze photos, police reports as well as witnesses' testimony and other evidence in order to reconstruct the crash.

Your lawyer will also strengthen your claim by providing expert opinions outlining the economic and non-economic consequences of your injuries. This includes estimates of future healthcare and support costs, wage projections, and other financial aspects. These are crucial in order to ensure you're fully compensated for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault that the person who was injured is accountable for. It's a crucial issue in a variety of cases and one that your attorney could have to prove.

The majority of states have some kind of comparative fault rule which allows victims to receive compensation regardless of whether their part of the blame is attributed to an accident. But the amount of their settlement will be reduced based on the degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries but finds that you're at 40 percent at fault, you'll only receive $60,000.

There are actually two different types of modified comparative fault rules. The first is the 50% bar rule. This rule prevents an injured person from receiving compensation if they are responsible for more than 50%. This is the practice of several states, including Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car accident is legally entitled to file a lawsuit against the person who caused the accident. These lawsuits must, however, be filed within the prescribed time of limitations, or else the claim of the victim is forever barred.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle, and everything to do with the trigger event that started the case-the accident or incident which caused the injury. Determining the exact time the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. In some cases the timeline may be shortened. In the event that a child is involved, for instance the statute is put on hold until the child is liberated, which is achieved by marriage or at the age of 18 usually two years after the incident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

We have a wealth of experience representing utilities and public entities in matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like electricity, water and sewer services. We also represent transportation companies including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service.

We can help you determine the responsible parties for accidents involving motor vehicles and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial fairmont motor vehicle accident law firm vehicles provides advice to manufacturers, national leasing companies, and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and proactively manage the discovery process. We also use trial-ready skills to achieve the best possible client outcome whether it's a summary decision or a favorable final decision. Our team regularly counsels 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 warranties and incentive audits, and relocations.