The Three Greatest Moments In Motor Vehicle Compensation History

Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered based on their percentage fault. The jury decides this based on the evidence they are presented.

To be liable for an injury, the defendant must be negligent at the time of the incident. Liability is based on the extent to which negligence caused the accident.

Liability

The purpose of a vehicle accident claim is to seek damages for the damages and injuries caused by negligence of another party. Unless the victim is in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit must prove that the defendant's negligent actions or failure to act caused a collision with the resulting bodily injury.

An experienced attorney can assist you in determining whether the person at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's ability demonstrate the liability of their defendant on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the defendant's violation of the duty, actual and proximate cause, and injuries.

A knowledgeable lawyer can assist you in determining the extent of liability in cases where the insured driver or owner of the vehicle could be the subject of a lawsuit, too. The majority of insurance policies for automobiles provide coverage to any person who drives the vehicle with the permission of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

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

The former covers things like medical expenses and lost income, while the latter covers more intangible things like suffering and pain. It is often difficult to determine a specific value to non-economic losses such as mental anguish and the loss of enjoyment life.

Your attorney will help you calculate your damages using a variety methods. This includes retaining experts in accident reconstruction who will examine photographs of the scene police reports, witness testimony and other evidence to reconstruct the way in which the accident took place.

Your lawyer will also support your claim by providing expert opinions detailing the economic and other impacts of your injuries. This includes estimates of future medical and support costs, wage projections and other financial aspects. These are essential to ensure that you're compensated fully for any losses you've suffered and will continue to be afflicted in the future.

Comparative Fault

In a car accident, the system known as comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. It's a crucial issue in a number of cases, and one that your attorney could need to prove.

The majority of states have some kind of comparative fault rule that allows victims to be compensated even if their share of the blame lies with an accident. However, the amount they receive in settlement will be reduced based on their degree of fault. So, for example when a jury awards you $100,000 for your injuries, but determines that you're 40% at fault, you would only get $60,000.

There are two 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 at fault for more than 50 percent. This is the practice of certain states, such as Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to claim damages even if they are found to be at fault.

Statute of limitations

In most instances, an individual who has been injured who is injured in a car crash may sue. However they must be filed within a specified period of time, also known as the statute of limitations or the claim of the victim will be barred and forfeited for life.

The statute of limitations has nothing to do whether or whether an insurance company representing the defendant will settle the case. It's all about the incident that led to the case, and the incident or accident which caused the injury. Therefore, calculating exactly when the clock will begin to tick is essential 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 some circumstances, however. In cases where a child is involved, for example, the statute is paused until the child becomes legally emancipated. This can be accomplished by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions and seasoned lawyers can assist with the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, motor vehicle accident state and federal agencies that oversee fixed public utilities like electricity, water, and sewer services. We also represent transportation companies like taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases involving rates, fees and service.

We can assist you in determining the parties responsible for a motor vehicle accident and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include fatalities caused by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics companies regarding the liability of their products and automobile accidents claims. We handle pre-suit assessments, manage discovery in a proactive manner and utilize trial-ready expertise to ensure an optimal outcome for the client regardless of whether it is through the summary disposition or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident law firm 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 warranty and incentive audits, as well as relocations.