Motor Vehicle Litigation
In most motor vehicle accident cases, the plaintiff's damages are reduced by the percentage of the fault. The jury will make this decision according to the evidence they are presented with.
To be held liable for injuries the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree to which the negligence caused the accident.
Liability
The goal of a
motor vehicle accident law firm crash claim is to recover damages from the party who caused the damages and injuries caused through their negligence. A lawsuit arising out of an auto or trucking crash will require that the victim of the accident prove that the negligent actions of the defendant or inactions caused a collision and the resulting bodily injury.
An experienced lawyer can help you determine whether the person 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 the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the breach of that duty, causality that is actual and proximate, and injuries.
A skilled lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies grant coverage to any person who drives the vehicle with the approval of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as the potential for future losses to arise due to the injuries suffered. These are known as economic and non-economic damages.
The former is used to cover things like medical expenses and lost income and the latter is for intangibles such as suffering and pain. Oftentimes, it can be difficult to determine an exact value to non-economic losses such as mental anguish and loss of enjoyment of life.
Your attorney will help to determine your damages through a variety of ways. This could include retaining accident reconstruction specialists who will review police reports, photographs as well as witnesses' testimony and other evidence in order to reconstruct the accident.
Your attorney will also bolster your case with expert opinions detailing the economic and non-economic impacts of your injuries. This will include estimates of the cost for future care and support, wage projections, and other financial considerations. These are essential to ensure that you are fully compensated for the losses you've suffered and will encounter in the near future.
Comparative Fault
A system referred to as comparative fault - or contributory negligence - determines the extent to which an injured person is held responsible for in a car accident. It's a crucial issue in a variety of cases and something that your attorney might be required to prove.
Most states have a form of comparative fault rule which allows victims to be compensated even if a portion of the blame is attributed to an accident. The amount of compensation will be based on the level of fault. For instance, if the jury awards $100,000 for your injuries, but determines that you are 40 percent responsible, you will only receive $60,000.
However, the law is much more complex than that, as there are two distinct forms of modified comparative fault rules. The first is referred to as the 50% bar rule, which prevents the victim from claiming damages when they are more 50% at fault. It is a rule that is followed by some states, including Colorado and Utah. Another variant is pure comparative fault. This allows victims to recover damages even if they are found to be 99 % at fault.
Statute of Limitations
In most instances,
lawyers a person injured in a car crash can sue. However, these lawsuits must, be filed within the prescribed time of limitations or the claim of the victim will be barred forever.
The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It is all about the initial event that triggered the case, and the incident or accident which caused the injury. The exact time at which the clock starts to tick is crucial for the compliance of this crucial rule.
In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. This time frame can be reduced in certain situations, however. If a child is involved, for example the statute is put on hold until the child becomes liberated, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions and experienced
lawyers can assist with the specifics.
Representation
We have extensive experience advising and representing public utilities and public entities in matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and fees.
We can assist you in determining the parties responsible for accidents involving motor vehicles and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, which include the wrongful deaths.
Our commercial motor vehicle practice advises manufacturers, national leasing companies and national logistics companies on the subject of product liability and auto accident claims. We manage pre-suit assessments and assist in the discovery process. We also employ trial-ready skills to obtain an outcome that is favorable to the client which could be a summary decision or a favorable decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs, as well as relocations.