motor vehicle accident lawsuits Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's damages award is reduced by their percentage of the fault. The jury will decide this according to the evidence presented to them.

To be held liable for personal injury, the defendant has to have been negligent in the incident. The amount of liability is determined by the amount of negligence that contributed to the incident.

Liability

The goal of a motor vehicle accident crash claim is to collect damages from the party who caused the damages and injuries caused by their negligence. If the injured party is not in one of the few states that operate under a no fault insurance system the filing of an auto or trucking accident lawsuit will require showing that a defendant's careless actions or failure to act caused a collision and the resulting bodily injury.

An experienced lawyer can help you determine whether the person at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's capacity to establish the liability of their defendant based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the defendant's violation of that duty, causality that is actual and proximate, and injuries.

A experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the owner of the vehicle might be involved in a lawsuit as well. The majority of automobile insurance policies include an affirmative provision of coverage for anyone who is operating the vehicle under the owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle suit must establish damages suffered by the plaintiff. This is typically accomplished by providing a detailed record of expenses out of pocket and also the potential for future losses to result from the injuries suffered. These are referred to as economic or noneconomic damages.

The first is for things like medical expenses and lost income, while the latter pays for intangibles like pain and suffering. Oftentimes, it can be difficult to determine a specific dollar value to damages that are not economic like mental distress and loss of enjoyment life.

Your attorney will assist you calculate 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 help reconstruct the way in which the accident took place.

Your lawyer will also strengthen your case with expert opinions outlining the economic and non-economic effects of your injuries. These will include estimates of future medical and support costs, wage projections, and other financial factors. These are essential to ensure that 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 - also known as contributory negligence, determines how much fault an injured person is held responsible for in a car accident. In many instances, it's a crucial issue that your attorney must prove.

Most states implement some type of a comparative fault rule that allows victims to seek compensation even if they share the blame for an accident. The amount of compensation will be determined by their level of blame. For example when a jury gives you $100,000 for your injuries, but determines that you're 40 percent at fault, you will only get $60,000.

There are two types of modified comparative-fault rules. The second is known as the 50 bar rule, which bars an injured party from receiving damages in cases where they are more than 50 percent at fault. Colorado and motor vehicle accident lawsuits Utah are two states that are governed by this rule. The other type is pure comparative fault, which permits victims to recover damages even if they are found to be 99 percent at fault.

Statute of limitations

In most instances, a person injured in a car crash can make a claim. However, these lawsuits must, be filed within the timeframe of limitations, or else the claim of the victim will be barred forever.

The statute of limitations has nothing to have anything to do with whether the defendant's insurance company will settle it, and has everything to do with the trigger event that started the case, which is the incident or accident that led to the injury. Determining the exact time the clock starts to tick is vital for compliance with this important rule.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. In some instances, this timeline can be reduced. For instance, in situations where minors are involved the statute of limitations is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is typically two years after the incident. There are other exceptions, and a skilled attorney can give advice on the specifics.

Representation

We have years of experience representing public entities and utilities in matters related to motor vehicle accident law firms vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues involving rates, service and charges.

We can assist you in determining the responsible parties for accidents involving motor vehicles and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics companies about product liability and automobile accidents claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also use trial-ready skills to obtain a favorable client outcome, be it a summary disposition or favourable final decision. Our team of lawyers advises franchised motor vehicles and motorcycle dealers on issues that concern factory-dealer relations and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.