motor vehicle accident attorney Vehicle Litigation
In the majority of motor vehicle collision lawsuits, the plaintiff's damages are lowered based on their percentage fault. This is decided by the jury on the basis of evidence presented to them.
To be liable for a personal injury the defendant must have been negligent at the time of the incident. Liability is determined by the degree of negligence that contributed to the incident.
Liability
The purpose of a
motor vehicle accident lawsuits accident claim is to seek compensation from the party who caused the losses and injuries caused due to their negligence. If the injured party is not in one of the states that operate under a no-fault insurance program and a trucking accident lawsuit requires that the negligent act of a defendant or inaction resulted in a collision and injuries to the body.
An experienced lawyer can help you determine if the driver at fault or a different defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's ability to establish their defendant's liability based on the principles of tort liability, including a defendant's duty to the plaintiff, the defendant's violation of that duty, real and proximate causation and injuries.
A knowledgeable lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.
Damages
A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket which are incurred, and also the loss that is expected due to the injuries suffered. These are known as economic and non-economic damages.
The former covers things like medical expenses and lost income, while the latter covers more intangible things such as suffering and pain. It can be difficult to determine an exact dollar value to damages that are not economic like mental stress and loss of enjoyment life.
Your attorney will assist you in calculating your damages through the use of a variety. This includes retaining experts in the field of accident reconstruction who review photos of the scene, police reports, witness testimony, and other evidence to determine how the accident occurred.
Your attorney will also be able to support your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. These will include estimates of costs for future care and support along with wage projections and other financial considerations. These are vital to ensure you are completely compensated for any losses you've suffered and will continue to suffer in the future.
Comparative Fault
In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of fault that an injured party is responsible for. In many cases, it's an important aspect that your lawyer will have to prove.
Most states adopt some type of a comparative fault rule, which allows victims to claim compensation even if they are a part of the blame for an accident. But the amount of their settlement will be lowered by their degree of fault. So, for example, if a jury gives you $100,000 for your injuries, but determines that you're 40% in the wrong, you'd only get $60,000.
However, the law is more complex than that, because there are two distinct types of modified comparative fault rules. The first is the 50 bar rule. This rule prevents the injured party from receiving compensation if they're responsible for more than 50%. It is a rule that is followed by several states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they are found to be 99 per cent at fault.
Statute of limitations
In the majority of instances, a person who is injured in a car crash is eligible to file a claim against the person responsible for the crash. However, these lawsuits must be filed within a specific time frame, known as the statute of limitations or the claim of the victim is deemed to be void and barred for ever.
The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle, and everything to do with the trigger event in the case - the incident or accident that caused the injury. Calculating the exact time that the clock starts to run is essential for the compliance of this crucial rule.
In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. This time frame may be cut down in certain circumstances, however. In cases where a minor is involved, as in the statute is suspended until the child is liberated, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and a skilled attorney can provide advice on the specifics.
Representation
We have extensive experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as electricity, water, and sewer services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and fees.
We can assist you in determining the parties accountable for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including cases of wrongful deaths.
Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, as well as national logistics companies on product liability and automobile accidents claims. We manage pre-suit assessment and actively manage the discovery process. We also use trial-ready techniques to ensure the best possible client outcome, be it a summary decision or a favorable final decision. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, as well as relocations.