motor vehicle accidents Vehicle Litigation
In the majority of motor vehicle accident cases, the plaintiff's award is reduced by their percentage of fault. This is decided by the jury based on evidence presented to them.
In order to be held liable for a personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by the extent to which negligence caused the accident.
Liability
The goal of a motor vehicle accident claim is to collect damages for damages and injuries caused by the negligence of another party. Unless the injured victim lives in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit requires that the negligent act of a defendant or inaction resulted in a collision and corresponding bodily injury.
An experienced attorney can help you determine whether the at-fault driver or other defendant is liable for your losses. Most auto accident cases turn on a plaintiff's ability prove their defendant's liability based on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, causality that is actual and proximate, and injuries.
A competent lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle could be the subject of an action. Most automobile insurance policies contain an affirmative provision of coverage to anyone operating the vehicle under the owner's permission subject to certain exclusions. This usually includes a look at CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses incurred, as well as the future loss expected due to the injuries suffered. These are referred to as economic or non-economic damages.
The former covers things like medical bills and lost income, while the second is compensation for more intangible things like pain and suffering. Oftentimes, it can be difficult to determine an exact dollar value to non-economic damages like mental stress and loss of enjoyment life.
Your lawyer will assist in formulating your damages with the use of a variety of methodologies. This includes hiring experts in reconstruction of accidents who look at images of the scene, police reports, witness testimony, and other evidence to help reconstruct how the crash occurred.
Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries. This includes cost estimates for future care and assistance as well as wage projections and other financial aspects. These are essential to ensure that you are fully compensated for any loss you have suffered and will continue to suffer in the future.
Comparative Fault
A system known as comparative fault, also referred to as contributory negligence, determines how much fault an injured person is held responsible for in a car accident. In many cases, it's an important aspect that your lawyer will have to prove.
Many states have a type of a comparative fault law that allows victims to receive compensation regardless of whether their part of the blame lies with an accident. The amount of compensation will be determined by their level of responsibility. For instance, if an award of $100,000 is made by a jury for your injuries, but decides that you are 40 percent responsible, you'll only receive $60,000.
There are two distinct types of modified comparative-fault rules. The first is the 50 bar rule. This prevents the injured party from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault, which allows victims to claim damages even if they are found to be at fault.
Statute of Limitations
In the majority of instances, the person who was injured in a car crash can make a claim. These lawsuits must, however,
Motor Vehicle Accident Attorney be filed within the timeframe of limitations or the victim's claim will be forever barred.
The statute of limitation has nothing to do whether or whether an insurance company representing the defendant will settle the case. It is focused on the primary event that triggered the case, the incident or accident that caused the injury. Determining the exact time the clock starts to tick is vital for respecting this important rule.
In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. This time frame can be reduced in certain circumstances,
motor vehicle accident Attorney however. For example, in cases where a minor is involved, the limitation period is paused until the child is legally emancipated after marriage or turning 18 which typically takes two years following the accident. There are other exceptions, and experienced attorneys can help you understand the particulars.
Representation
We have years of experience representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities, such as electric, water and gas services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and charges.
We can help you determine the responsible parties in the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer accidents, including wrongful deaths.
Our commercial motor vehicle practice advises manufacturers, national leasing companies, and national logistics companies on their product liability and automobile accident claims. We manage pre-suit assessment and actively manage the discovery process. We also apply trial-ready expertise to achieve a favorable client outcome whether it's a summative resolution or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represents them in New
motor vehicle accident attorney Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.