motor vehicle accident attorney Vehicle Litigation

In most motor vehicle accident law firms vehicle accident cases, the plaintiff's award is lowered by their percentage of fault. The jury will determine this in accordance with the evidence presented to them.

To be held responsible for personal injuries the defendant must have been negligent during the incident. Liability is determined by the extent to which negligence caused the accident.

Liability

The goal of a claim for motor vehicle accidents (click through the up coming page) is to obtain compensation from the other party for injuries and losses caused due to their negligence. 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 negligent act of a defendant or failure to act resulted in a collision and an injury to the body.

An experienced attorney can assist you in determining if the driver at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the defendant's violation of that duty, actual and proximate cause, and injuries.

A experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative provision of coverage for anyone who is operating the vehicle under the owner's permission subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses that are likely to arise as a result of the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income. The latter is a way to compensate for more intangible issues like pain and suffering. It can be difficult to determine an amount of money on the non-economic damage, such as mental suffering and loss of enjoyment in life.

Your lawyer will assist you in formulating your damages with the use of a range of techniques. This includes retaining experts in reconstruction of accidents who examine photographs of the scene police reports, witness testimony and other evidence to understand how the crash occurred.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This includes cost estimates for future care and support along with wage projections and other financial aspects. These are necessary to ensure that you're fully compensated for losses you've incurred and experience 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 an injured party is responsible for. In many cases, it's an important aspect that your lawyer will need to prove.

Most states adopt some kind of a comparative fault rule that allows victims to seek compensation even if they have a share of the blame in an accident. But the amount of their settlement will be reduced based on their degree of fault. If, for example a jury awards $100,000 for your injuries but finds that you're at 40 percent at fault, you'll only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is the 50 bar rule. This rule prevents an injured party from receiving compensation if they're at fault for more than 50%. It is followed by certain states, such as Colorado and Utah. The other variant is called pure comparative fault, which allows victims to claim damages even if they are found to be 99 % at fault.

Statute of limitations

In most cases, a person is injured in a car crash is entitled to file a lawsuit against the party responsible for the crash. However the lawsuits must be filed within a certain time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for life.

The statute of limitations has nothing 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 that started the case, which is the incident or accident which caused the injury. So, knowing exactly when the clock starts to tick is crucial for to ensure compliance with this important legal requirement.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. This time frame may be cut down in some circumstances, however. For example, in cases where a minor is involved, the statute of limitations is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is usually two years after the incident. There are other exceptions, and a skilled attorney can offer advice on the particulars.

Representation

We have extensive experience in representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees.

We can help you determine 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 the cases of wrongful death.

Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on product liability and auto accident claims. We handle pre-suit evaluations, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal outcome for the client whether it's through a the summary disposition or a favorable decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.