Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. motor vehicle accident attorneys surprise will make this decision on the basis of the evidence they receive.
To be held liable for injuries the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent of negligence that led to the accident.
Liability
The goal of a motor vehicle accident claim is to collect damages from the other party for losses and injuries caused by their negligence. A lawsuit arising out of an auto or trucking accident will require that the injured victim prove that the defendant's negligence or failure to act caused a collision and the resulting bodily injury.
An experienced attorney can assist you in determining whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's responsibility using tort liability principles. This includes a defendant’s duty to the victim, the defendant's failure to fulfill this duty, direct and real causation and injuries.
A knowledgeable lawyer can assist you in determining liability in situations where the insured driver or the owner of the vehicle could be involved in lawsuits as well. The majority of insurance policies for automobiles include an affirmative grant of coverage to anyone driving the vehicle with owner's permission with certain limitations. This analysis also includes a look at of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket that are incurred, as well as the future loss expected as a result of the injuries suffered. These are called economic and non-economic damages.
The former is used to cover things like medical expenses and lost income as well as compensation for intangibles such suffering and pain. It can be difficult to put an amount of money on non-economic damages, such as mental suffering and loss of enjoyment in life.
Your attorney will help to determine your damages using a variety methods. This may include retaining accident reconstruction specialists who will look over police reports, photos and witnesses' statements, and other evidence to reconstruct the accident.
Your attorney will also be able to support your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial factors. These are vital to ensure you are completely compensated for any losses you've suffered and will continue to suffer in the future.
Comparative Fault
In a car accident the system known as comparative fault (or contributory negligence) determines the degree of fault an injured person is responsible for. It's a key issue in a variety of cases and something your attorney may need to prove.
The majority of states have some kind of comparative fault rule which allows victims to receive compensation regardless of whether their part of the blame is attributed to an accident. But the amount of their settlement will be reduced according to their level of blame. So, for example when a jury will award you $100,000 for injuries but finds you are 40% at fault, you'd only receive $60,000.
There are two distinct types of modified comparative-fault rules. The first is the 50 bar rule. This rules out an injured party from receiving compensation if they're responsible for more than 50%. It is followed by a few states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to seek damages if they're found to be 99 percent at fault.
Statute of limitations
In most cases, a person is injured in a car crash is allowed to file a lawsuit against the party who caused the crash. However, these lawsuits must be filed within the timeframe known as the statute of limitations or the victim's legal claim is deemed to be void and barred for ever.
The statute of limitations has nothing to have anything to do with whether the defendant's insurance company will settle the case, and it is all about the trigger event in the case, which is the incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to tick is vital for making sure that you are in compliance with this crucial legal rule.
In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In some instances the timeframe can be reduced. In cases where a minor is involved, as in, the statute is paused until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18 typically two years after the accident. There are other exceptions, and an experienced attorney can offer advice on the particulars.
Representation
We have a wealth of experience advising and representing public entities and utilities on matters relating 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 electricity, water and sewer services. We also represent transportation companies like taxicabs trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.
We can help you determine the responsible parties in a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including the wrongful deaths.
Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics firms on product liability and automobile accidents claims. We manage pre-suit assessment, manage discovery in a proactive manner and apply trial-ready skills for an optimal outcome for the client regardless of whether it is through summary disposition or a favorable decision. Our team regularly counsels franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, as well as relocations.