eagle motor vehicle accident law firm Vehicle Litigation

In most Burley Motor Vehicle Accident Attorney (Vimeo.Com) vehicle crash lawsuits, the plaintiff’s damages are lowered by their percentage fault. The jury will determine this according to the evidence they receive.

To be held liable for injuries, the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree of negligence that contributed to the accident.

Liability

The purpose of a motor accident claim is to seek compensation from the other party for injuries and losses that were caused through their negligence. A lawsuit arising out of an auto or trucking accident will require that the injured party prove that the defendant's negligent actions or inaction led to a collision, and the bodily injury that resulted from it.

An experienced lawyer can assist you in determining if the at-fault driver or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's responsibility using tort liability principles. This includes a defendant’s obligation to the victim, the defendant's failure to fulfill this duty, actual and direct causation and injuries.

Additionally, a knowledgeable lawyer can assist you in determining liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit, too. The majority of insurance policies for automobiles provide protection to those who operate the vehicle under the authority of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to establish damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses that are incurred, as well as future losses that are anticipated due to the injuries sustained. 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 suffering and pain. It is difficult to put an amount in dollars for the non-economic damage, such as mental distress and loss of enjoyment in life.

Your lawyer will assist in calculating your damages through the use of a variety of methodologies. This may include retaining experts in accident reconstruction who will analyze photos, police reports as well as witnesses' testimony and other evidence to reconstruct the crash.

Your attorney will also bolster your claim by providing expert opinions detailing the economic and non-economic impacts of your injuries. This will include cost estimates for future care and assistance along with wage projections and other financial aspects. These are crucial in order to ensure you're compensated fully for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - determines how much fault an injured person could be held responsible for a car crash. It's a key issue in many cases and one that your attorney could need to prove.

Many states have a type of a comparative fault law that allows victims to be compensated even if their share of the blame is attributed to an accident. The amount of compensation will be based on the level of responsibility. If, for instance, an appeals court awards $100,000 for your injuries but finds that you are at least 40% responsible, you will only receive $60,000.

However, the law is more complicated than that, because there are two distinct varieties of modified rules of comparative fault. The one is known as the 50% bar rule, which bars the victim from receiving damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to claim damages if they are found to be 99% responsible.

Statute of limitations

In the majority of instances, a person who is injured in a car accident is entitled to file a lawsuit against the person who caused the accident. These lawsuits must, however be filed within the statute of limitations or 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 insurance company of the defendant will settle the case, and everything to do with the trigger event in the case, which is the incident or accident that caused the injury. Knowing the exact moment at which the clock starts to tick is vital for complying with this important rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain cases this time frame can be shortened. In the event that a child is involved, such as the statute is put on hold until the child is free, which is accomplished by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions, and a skilled attorney can give advice on the specifics.

Representation

We have extensive experience in advising and representing 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 water, electricity and sewer services. We also represent transportation entities like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor car accident case, we can help identify the parties responsible and support you in your quest for compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as death by negligence.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies regarding product liability and auto accident claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready techniques to ensure an optimal client outcome whether that is through a summary decision or a favorable final verdict. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs and relocations.