Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage fault. The jury will make this decision according to the evidence they are presented.
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 extent of negligence that led to the incident.
Liability
The goal of a motor vehicle accident claim is to obtain compensation from the other party to compensate for losses and injuries caused due to their negligence. Unless the injured person lives in one of the few states that operate under a no-fault insurance system and a trucking accident lawsuit will require showing that the negligent act of a defendant or failure to act caused a collision with injuries to the body.
An experienced attorney 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 prove the defendant's guilt in accordance with tort liability principles. This includes a defendant's obligation to the victim, the defendant's infraction of this duty, actual and direct causation and injuries.
A skilled lawyer can also assist in analyzing liability in situations in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit must prove the damages suffered by a plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses which are incurred, and also the loss that is anticipated due to the injuries sustained. These are referred to as non-economic and economic damages.
The former covers things such as medical bills and lost income, while the latter covers things that are more intangible like pain and suffering. motor vehicle accident law firm westminster can be difficult to establish a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment.
Your attorney will assist you in the calculation of your damages through the use of a variety of methodologies. This includes hiring experts in accident reconstruction who will look at photos of the scene, police reports, witness testimony, and other evidence to determine the way in which the accident took place.
Your attorney will also support your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. This includes cost estimates for future care and support, wage projections and other financial factors. This is necessary to ensure you are fully compensated for any losses you've suffered and will encounter in the near future.
Comparative Fault
In a car accident a system called comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. It's a crucial issue in many cases and something your lawyer may need to prove.
The majority of states have some form of a comparative fault rule, which permits victims to seek compensation even if they are a part of the blame for an accident. The amount of the settlement will be determined by their level of responsibility. For example, if a jury decides to award you $100,000 for your injuries, but determines that you're 40 percent in the wrong, you'd only receive $60,000.
However, the law is much more complex than that because there are two distinct forms of modified comparative fault rules. The first is the 50% bar rule. This bar rule blocks the injured party from receiving compensation if they're responsible for more than 50%. This is the practice of several states, including Colorado and Utah. Another variation, known as pure comparative negligence, allows victims to recover damages if they are found to be 99 per cent at fault.
Statute of limitations
In most instances, a person who is injured in a car crash is allowed to file a lawsuit against the person responsible for the accident. These lawsuits must, however, be filed within the statute of limitations or the claim of the victim is forever barred.
The statute of limitations does not have anything to determine whether or not the defendant's insurance company will settle, and it is all about the triggering event that initiated the case - the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to tick is vital for ensuring compliance with this important legal rule.
In New York, those injured in car accidents have up to three years to make a personal injury claim. This timeline may be shortened in certain circumstances, but. If a child is involved, such as the statute is put on hold until that child is emancipated, which can be achieved by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions, and a skilled lawyer can advise on the particulars.
Representation
We have extensive experience in providing advice and representation to public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water, and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and charges.
We can assist you in determining the parties responsible for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.
Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessment and assist in the discovery process. We also apply trial-ready techniques to ensure an outcome that is favorable to the client, be it a summary decision or a favorable verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, as well as relocations.