Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff's damages are reduced by their percentage of fault. This is decided by the jury based on the evidence presented to them.
To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree of negligence which contributed to the incident.
Liability
The objective of a motor accident claim is to collect damages from the other party for damages and injuries caused by their negligence. Unless the victim is in one of the states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit requires that the defendant's negligent actions or inaction resulted in a collision, and corresponding bodily injury.
An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. Most
auto accident cases turn on a plaintiff's capacity to prove their defendant's liability based on the tort liability standard which include a defendant's obligation to the plaintiff, the defendant's violation of this duty, the actual and proximate causation, and injuries.
Additionally, a knowledgeable lawyer can assist you in determining the liability in cases where the insured driver or owner of the vehicle could be involved in lawsuits as well. Most automobile insurance policies contain an affirmative grant of coverage to anyone operating the vehicle under the owner's permission, subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.
Damages
A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses incurred, as well as the loss that is expected as a result of the injuries suffered. These are referred to as economic and non-economic damages.
The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles such as suffering and pain. It is difficult to establish an amount of money on the non-economic damage, such as mental distress and loss of enjoyment.
Your attorney will help you calculate your damages through a variety of ways. This includes retaining accident reconstruction experts who will examine photographs of the scene police reports, witness testimony and other evidence to reconstruct the circumstances of the crash.
Your lawyer will also strengthen your case with expert opinions that outline the economic and non-economic effects of your injuries. This will include estimates of future medical and support costs, wage projections and other financial aspects. These are necessary to ensure that you are fully compensated for the losses you've suffered and will encounter in the near future.
Comparative Fault
In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. In many instances, it's a crucial aspect that your lawyer will have to prove.
Most states adopt some form of a comparative fault rule that allows victims to claim compensation even if they have a share of the blame in an accident. However, the amount of their settlement will be reduced by the degree of fault. If, for example an appeals court awards $100,000 for your injuries, and then determines that you're 40% responsible, you will only receive $60,000.
There are actually two different kinds of modified comparative fault rules. The one is known as the 50 bar rule, which blocks an injured party from receiving damages when they are more than 50 percent at the fault. It is used by several states, including Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to claim damages even if found to be 99 percent at fault.
Statute of Limitations
In the majority of instances, a person who is injured in a car accident is eligible to file a claim against the person responsible for the accident. These lawsuits must, however be filed within the statute of limitations or else the claim of the victim will be barred forever.
The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle it, and has everything to do with the trigger event in the case, which is the incident or accident which caused the injury. Thus, knowing precisely when the clock begins to tick is essential for ensuring compliance with this important legal rule.
In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. This timeline may be shortened in certain circumstances, however. If a child is involved, for instance the statute is put on hold until that child is emancipated, which can be achieved by marriage or at the age of 18, typically two years after the accident. There are other exceptions, and an experienced attorney can give advice on the specifics.
Representation
We have significant experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, gas and water/sewer services. We also represent transportation businesses like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases involving rates, fees and service.
In a
motor vehicle accident case, we can help determine the responsible parties and assist you in pursuing compensation. Our firm assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.
Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies regarding product liability and automobile accident claims. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client, be it a summary decision or a favorable final decision. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranty and incentive audits, as well as relocations.