motor vehicle accident lawsuit Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage fault. The jury will make this decision on the basis of the evidence they are presented.

In order to be held liable for a personal injury the defendant must have been negligent during the incident. The degree of liability is determined by the degree to which the negligence caused the accident.

Liability

The aim of a motor accident claim is to recover damages for the injuries and losses resulting from the negligence of another party. If the injured party is not in one of the few states that operate under a no-fault insurance system, an automobile or trucking accident lawsuit must prove that the negligence of a defendant or inaction resulted in a collision, and an injury to the body.

An experienced attorney can help you determine if the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases turn on the plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules and include a defendant's duty to the plaintiff, the defendant's breach of this duty, causality that is actual and proximate, and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle might be involved in lawsuits as well. Most insurance policies for automobiles provide an affirmative provision 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 suffered by the plaintiff. This is usually done by providing detailed documentation of the expenses incurred out of pocket and also future losses expected to arise as a result of the injuries sustained. These are referred to as non-economic and economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such suffering and pain. It is difficult to determine an amount of money on the non-economic damage, such as mental suffering and loss of enjoyment in life.

Your attorney will assist you in calculating your damages through the use of a variety of methodologies. This includes hiring accident reconstruction experts who will review photographs of the scene police reports, witness testimony, and other evidence to determine how the accident occurred.

Your lawyer will also strengthen your claim with expert opinions detailing the economic and other consequences of your injuries. These will include estimates of future healthcare and support costs, wage projections, and other financial factors. These are crucial to ensure you are completely compensated for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence - determines the extent to which an injured party can be held responsible for in a car accident. It's a crucial issue in many cases and something your attorney may be required to prove.

Most states have some form of a comparative fault system that allows victims to receive compensation regardless of whether their part of the blame lies with an accident. However, the amount they receive in settlement will be lowered by the degree of fault. For example If a jury will award you $100,000 for injuries, but determines that you're 40 percent at fault, you will be awarded only $60,000.

However, the law is much more complicated than that, as there are two distinct kinds of modified rules of comparative fault. The first is the 50% bar rule. This rule prevents an injured person from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault. This allows victims to claim damages even if they are found to be 99 percent at fault.

Statute of limitations

In most cases, a person is injured in a car crash is entitled to file a lawsuit against the person who caused the crash. However, these lawsuits must be filed within a specified time period, referred to as the statute of limitations or the victim's legal claim is forfeited and barred for ever.

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 it is all about the triggering event that initiated the case - the incident or accident which caused the injury. Therefore, calculating exactly when the clock begins to tick is crucial for to ensure compliance with this important legal requirement.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain cases, this timeline can be reduced. In cases where a minor is involved, for example, the statute is paused until that 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 an experienced attorney can provide advice on the particulars.

Representation

We have extensive experience representing and advising utilities and public entities on matters relating to motor vehicle Accident attorneys vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities such as electric, water and gas services. We also represent transportation companies like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the responsible parties for an accident involving a motor vehicle and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including wrongful deaths.

Our commercial motor vehicle accidents vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies about product liability and automobile accidents claims. We handle pre-suit assessments as well as proactively manage discovery. We apply trial-ready techniques to ensure an optimal outcome for the client, whether through summary disposition or a favorable decision. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.