Motor Vehicle Litigation
In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. This is determined by jurors based on evidence presented to them.
To be liable for a personal injury the defendant must be negligent at the time of the incident. Liability is determined based on the extent of negligence that led to the incident.
Liability
The objective of a motor crash claim is to seek compensation from the party who caused the injuries and losses that were caused through their negligence. A lawsuit for an automobile or trucking accident will require that the injured party prove that the negligent actions of the defendant or failure to act caused a collision and the resulting bodily injury.
An experienced lawyer can help you determine whether the driver who caused the accident or any other defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability demonstrate the liability of their defendant on the tort liability standard which include a defendant's obligation to the plaintiff, the breach by the defendant of the duty, real and proximate causation and injuries.
Additionally, a skilled lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle could be involved in a lawsuit as well. The majority of automobile insurance policies include an affirmative coverage for anyone who is operating the vehicle with the owner's permission, subject to certain exclusions. This analysis includes a review of CPLR SS 1602.
Damages
A successful
motor vehicle Accident Law Firm vehicle lawsuit will establish the damages sustained by plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses that are incurred, as well as the future loss expected due to the injuries suffered. These are known as economic and non-economic damages.
The former covers things like medical expenses and lost earnings, while the second is compensation for things that are more intangible like pain and suffering. It is difficult to put the dollar value of non-economic damages, such as mental distress and loss of enjoyment.
Your attorney will assist you calculate your damages with a variety of methods. This includes retaining experts in accident reconstruction who will examine photographs of the scene, police reports, witness testimony and other evidence to determine the way in which the accident took place.
Your lawyer will also strengthen your case with expert opinions outlining the economic and non-economic consequences of your injuries. These will include estimates of future medical and support costs, wage projections, and other financial considerations. These are crucial to ensure that you are fully compensated for any losses you've suffered and will continue to be afflicted in the future.
Comparative Fault
In the event of a car crash, a system known as comparative blame (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many cases, it's an important issue that your lawyer will need to prove.
The majority of states have some kind of comparative fault rule that allows victims to receive compensation even if their share of blame is an accident. However, the amount they receive in settlement will be reduced by their degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries but finds that you're at 40 percent responsible, you will only receive $60,000.
However, the law is more complicated than that, since there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This rule prevents an injured party from receiving compensation if they're responsible for more than 50 percent. It is used by some states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to claim damages if they're found to be 99% responsible.
Statute of limitations
In the majority of instances, a person injured in a car accident can make a claim. These lawsuits must, however, be filed within the statute of limitations or else the victim's claim is forever barred.
The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle it, and has everything to do with the trigger event that started the case-the incident or accident that caused the injury. Determining the exact time the clock begins to tick is vital for respecting this important rule.
In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. In some cases the timeframe can be reduced. If a child is involved, for example the statute is put on hold until the child is legally emancipated. This can be 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 a wealth of experience in as a consultant and advocate for public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities like 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 charges.
In a
motor vehicle accident law firm vehicle collision situation, we can identify the parties responsible and assist you in your quest for compensation. Our firm also helps victims of car accidents as well as tractor-trailer accidents, including fatalities caused by negligence.
Our commercial motor vehicle practice assists manufacturers, national leasing companies and national logistics companies on their product liability and auto accident claims. We manage pre-suit evaluations and actively manage the discovery process. We also use trial-ready expertise to achieve the best possible client outcome which could be a summary disposition or favourable final decision. Our team of lawyers advises franchised motor vehicles as well as truck dealers regarding issues pertaining to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.