The Three Greatest Moments In Motor Vehicle Compensation History

Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are diminished by their percentage fault. The jury will make this decision based on the evidence they receive.

To be liable for a personal injury the defendant must be negligent at the time of the incident. Liability is determined by the degree to which negligence contributed to the accident.

Liability

The aim of a motor vehicle accident lawyer vehicle accident claim is to collect damages for the injuries and losses caused by another party's negligence. A lawsuit arising out of an auto or trucking crash will require that the injured party prove that the defendant's negligent acts or inactions caused a collision and the bodily injury that resulted from it.

An experienced attorney can assist you in determining whether the person at fault or another defendant is responsible for your losses. The majority of auto accident cases hinge on a plaintiff's ability to demonstrate the liability of their defendant on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's breach of the duty, real and proximate causation and injuries.

A competent lawyer can help analyze liability in situations in which the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies contain an affirmative provision of insurance to anyone operating the vehicle under the owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to establish damages suffered by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses incurred, as well as the loss that is anticipated due to the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things such as medical bills and lost income while the latter is a way to compensate for more intangible issues like suffering and pain. It is often difficult to assign an exact dollar value to damages that are not economic such as mental anxiety and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages by making use of a variety of methodologies. This may include hiring experts in accident reconstruction who will analyze photos, police reports as well as witnesses' testimony and other evidence to reconstruct the crash.

Your lawyer will also strengthen your claim with expert opinions detailing the economic and non-economic consequences of your injuries. This includes cost estimates for future care and assistance, wage projections, and other financial factors. These are necessary in order to ensure that you're fully compensated for the loss you have incurred and will 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 that an injured person is responsible for. In many cases, it's an important issue that your attorney will need to prove.

Most states use some type of a comparative fault rule that allows victims to claim compensation even if they share the blame for an accident. But the amount of their settlement will be lowered by the degree of fault. If, for example an appeals court awards $100,000 for your injuries, but decides that you're 40 percent responsible, you'll only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they are responsible for more than 50%. Colorado and Utah are two states that are governed by this rule. The other variant, called pure comparative negligence, allows victims to seek damages if they are found to be 99 per cent responsible.

Statute of limitations

In the majority of instances, an individual who has been injured who is injured in a car crash may sue. However these lawsuits must be filed within the 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 limitation does not affect whether or not an insurance company for the defendant will settle the case. It's all about the initial event that initiated the case, or the incident or accident that caused the injury. Determining the exact time the clock begins to tick is crucial for complying with this important rule.

In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. This time frame may be cut down in certain situations, however. For example, in cases where minors are involved the statute of limitations is suspended until the child is emancipated by getting married or reaching age 18, lawsuit which typically takes two years following the accident. There are other exceptions, and experienced attorneys can help you understand the particulars.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation entities like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.

Our commercial motor vehicle practice advises manufacturers, national leasing companies and national logistics companies on their product liability and auto accident claims. We manage pre-suit assessment as well as proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients whether that is through a summary resolution or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, and relocations.