20 Irrefutable Myths About Motor Vehicle Compensation: Busted

Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of the fault. The jury will determine this based on the evidence they receive.

To be held liable for personal injuries, the defendant has to have been negligent during the incident. The amount of liability is determined by the extent of negligence that led to the accident.

Liability

The purpose of a motor Motor Vehicle accident accident claim is to recover damages from the other party to compensate for losses 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 and a trucking accident lawsuit must prove that the negligence of a defendant or failure to act caused a collision and injuries to the body.

An experienced attorney can help you determine if the driver at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, real and proximate causation and injuries.

A skilled lawyer can also help analyze liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles offer coverage to any person who drives the vehicle under the authority of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle accident lawyer vehicle suit must prove the damages suffered by a plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses which are incurred, and also the future loss expected due to the injuries suffered. These are referred to as economic and noneconomic damages.

The former covers things like medical expenses and lost income, while the latter covers more intangible things such as pain and suffering. It can be difficult to determine a specific dollar value to damages that are not economic such as mental anguish and loss of enjoyment life.

Your lawyer will assist in the calculation of your damages through the use of a variety of methodologies. This could include retaining accident reconstruction experts who analyze photos, police reports, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your lawyer will also strengthen your claim with expert opinion that outline the economic and non-economic effects of your injuries. These will include estimates of costs for future care and assistance, wage projections and other financial aspects. These are essential to ensure that you're fully compensated for any loss you've suffered and will continue to experience in the near future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence - determines the amount of fault that an injured person is held responsible for a car crash. This is a major issue in a variety of cases and something your lawyer may need to prove.

Most states adopt some type of a comparative fault rule that allows victims to claim compensation even if they have a share of the blame in an accident. But the amount of their settlement will be reduced by their level of fault. If, for example the jury awards $100,000 for your injuries but finds that you're at 40 percent responsible, you'll only receive $60,000.

But the law is more complicated than that, since there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This rules out an injured party from receiving compensation if they are responsible for more than 50%. It is a rule that is followed by a few states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In the majority of instances, a person who is injured in a car accident is legally entitled to file a lawsuit against the person who caused the accident. However the lawsuits must be filed within a specified period of time, also known as the statute of limitations, or the claim of the victim is deemed to be void and barred for life.

The statute of limitations is not a factor in whether or the insurance company of the defendant will settle the case. It is all about the first incident that led to the case, the incident or accident that caused the injury. Thus, knowing precisely when the clock will begin to run is crucial in the proper application of this important legal requirement.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. In some instances this time frame can be shortened. For example, in cases where a minor is involved the statute of limitations is suspended until the child becomes free by marrying or turning 18 which is usually two years following the accident. Other exceptions exist and experienced attorneys can advise on the specifics.

Representation

We have extensive experience in advising and representing utilities and public entities on matters relating to motor vehicle accident lawsuits vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities such as electricity, water, and sewer services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and charges.

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

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on product liability and claims for automobile accidents. We manage pre-suit assessment and are proactive in managing the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client whether it's a summative disposition or favourable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.