Motor Vehicle Litigation
In most motor vehicle accident cases, the plaintiff's award is reduced by their percentage of the fault. This is decided by the jury based on evidence presented to them.
To be held accountable for an 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 objective of a claim for motor vehicle accidents is to seek compensation from the party who caused the injuries and losses that were caused through their negligence. Unless the injured person lives in one of the few states that operate under a no fault insurance system and a trucking accident lawsuit must demonstrate that the negligent act of a defendant or inaction caused a collision and corresponding bodily injury.
An experienced lawyer can assist you in determining whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the breach of this duty, the causality that is actual and proximate, and injuries.
Additionally, a experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle could be involved in an action. The majority of automobile insurance policies include an affirmative guarantee of protection to anyone driving the vehicle with owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.
Damages
A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is typically done by providing thorough evidence of the expenses incurred, as well as the future loss expected as a result of the injuries suffered. These are known as non-economic and economic damages.
The former is used to cover things like medical expenses and lost income as well as compensation for intangibles, such as suffering and pain. It is difficult to determine a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment in life.
Your lawyer will assist to determine your damages using a variety methods. This includes hiring experts in accident reconstruction who will examine photographs of the scene police reports, witness testimony and other evidence to understand the circumstances of the crash.
Your attorney will also help to support your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of the cost for future care and support as well as wage projections and other financial aspects. They are crucial in order to ensure you're fully compensated for any loss that you have suffered and continue to suffer in the future.
Comparative Fault
A system known as comparative fault or contributory negligence determines the extent to which an injured party can be held responsible for a car crash. In many instances, it's a crucial aspect that your lawyer must prove.
The majority of states have some kind of a comparative fault law that allows victims to receive compensation regardless of whether their part of the blame lies with an accident. The amount of compensation will be based on the level of fault. For instance If a jury awards you $100,000 for your injuries, but concludes that you're 40% at fault, you would only receive $60,000.
There are actually two different kinds of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other variant, called pure comparative negligence, permits victims to seek damages if they're found to be 99 percent responsible.
Statute of Limitations
In the majority of situations, a person is injured in a car accident is eligible to file a claim against the party responsible for the crash. However they must be filed within a certain time period, referred to as the statute of limitations or the victim's legal claim will be barred and forfeited for life.
The statute of limitations has nothing to be concerned with whether or not the insurance company of the defendant will settle it, and has it is all about the initial triggering event in the case - the incident or accident which caused the injury. Therefore, knowing exactly when the clock starts to run is crucial in making sure that you are in compliance with this crucial legal requirement.
In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. This time frame may be cut down in certain circumstances, however. For instance, in situations where minors are involved, the statute of limitations is paused until the child is legally emancipated after marriage or reaching age 18, which is usually two years following the accident. Other exceptions exist and experienced attorneys can provide advice on the specifics.
Representation
We have extensive experience in advising and representing public utilities and public entities in matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and charges.
We can help you determine the parties responsible for the cause of a
motor vehicle accident attorney -
new content from Telegra, vehicle crash and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including wrongful deaths.
Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We manage pre-suit assessment, manage discovery in a proactive manner and utilize trial-ready expertise to ensure the best possible outcome for our clients, whether through an informal disposition or a favorable final verdict. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.