motor vehicle accident lawsuits Vehicle Litigation
In most
motor Vehicle accident law firm vehicle accident lawsuits, the plaintiff’s damages are lowered based on their percentage fault. The jury will determine this based on the evidence they are presented.
To be held accountable for personal injuries, the defendant has to have been negligent during the incident. The degree of liability is determined by amount of negligence that contributed to the accident.
Liability
The goal of a motor crash claim is to seek compensation from the party who caused the injuries and losses caused due to their negligence. Unless the victim is in one of the few states that operate under a no-fault insurance program, an automobile or trucking accident lawsuit must demonstrate that the defendant's negligent actions or failure to act resulted in a collision and injuries to the body.
An experienced attorney can help you determine if the driver at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's capacity to prove their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's breach of the duty, real and proximate causation and injuries.
Additionally, a competent lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of lawsuits as well. Most insurance policies for automobiles offer coverage to any person who drives the vehicle with the consent of the owner, with certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit has to prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses which are incurred, and also future loss that will be expected due to the injuries suffered. These are referred to as non-economic and economic damages.
The former covers things like medical expenses and lost income and the latter is for intangibles, such as pain and suffering. Oftentimes, it can be difficult to determine an exact amount to non-economic damages such as mental anxiety and loss of enjoyment of life.
Your lawyer will assist in the calculation of your damages through the use of a variety of methodologies. This includes retaining experts in the field of accident reconstruction who analyze photographs of the scene police reports, witness testimony and other evidence to help reconstruct the way in which the accident took place.
Your lawyer will also support your case with expert opinions detailing the economic and other effects of your injuries. This will include cost estimates for the future of care and support, wage projections and other financial considerations. They are crucial to ensure that you're compensated fully for any losses you've suffered and will continue to be afflicted in the future.
Comparative Fault
A system known as comparative fault - or contributory negligence - determines how much fault an injured person could be accountable for a car crash. It's a key issue in a number of cases, and something your lawyer may be required to prove.
The majority of states have some kind of a comparative fault system that allows victims to be compensated even if their share of blame is an accident. The amount of compensation will be based on their level of fault. If, for instance, the jury awards $100,000 for your injuries but finds that you are 40 percent at fault, you'll only receive $60,000.
There are two distinct types of modified comparative-fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they're at fault for more than 50 percent. It is used by certain states, such as Colorado and Utah. The other variant is called pure comparative fault, which permits victims to recover damages even if they are found to be at fault.
Statute of limitations
In the majority of instances, a person injured in a car crash can make a claim. These lawsuits must, however, be filed within a certain timeframe of limitations or the claim of the victim will be barred forever.
The statute of limitations does not have anything to determine whether or not the defendant's insurance company will settle the case, and it is all about the triggering event that initiated the case, which is the incident or accident which caused the injury. Therefore, calculating exactly when the clock begins to run is crucial in ensuring compliance with this important legal requirement.
In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. In certain cases, this timeline can be reduced. For example, in cases where a minor is involved, the statute of limitations is paused until the child is legally emancipated after marriage or turning 18 which typically takes two years after the incident. There are other exceptions, and an experienced attorney can give advice on the particulars.
Representation
We have significant experience consulting and representing public entities as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and fees.
We can help you determine the responsible parties in accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.
Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies on their product liability and auto accident claims. We manage pre-suit evaluations and assist in the discovery process. We also apply trial-ready skills to obtain a favorable client outcome, be it a summary decision or a favorable verdict. Our team counsels franchised
motor vehicle accident lawsuit vehicles as well as truck dealers on issues related to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.