Why We Why We Motor Vehicle Compensation (And You Should, Too!)

Motor Vehicle Litigation

In most motor vehicle lawyers vehicle crash lawsuits, Motor vehicle litigation the plaintiff’s damages are diminished by their percentage of fault. The jury will decide this based on the evidence they are presented.

To be held responsible for personal injuries the defendant must be negligent during the incident. Liability is determined by the degree to which the negligence caused the accident.

Liability

The purpose of a motor accident claim is to recover damages for the damages and injuries caused by the negligence of another party. Unless the victim is in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must prove that the negligence of a defendant or inaction resulted in a collision and injuries to the body.

An experienced lawyer can help you determine if the at-fault driver or other defendant is liable for your losses. Most auto accidents cases rely on the plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the breach by the defendant of that duty, causality that is actual and proximate, and injuries.

A skilled lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone operating the vehicle with owner's permission subject to certain exclusions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses which are incurred, and also future loss that will be expected as a result of the injuries suffered. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such as suffering and pain. It can be difficult to establish the dollar value of non-economic damages, motor vehicle litigation such as mental distress and loss of enjoyment in life.

Your attorney will assist to calculate the damages you have suffered using a variety of methods. This includes retaining accident reconstruction experts who will examine photographs of the scene police reports, witness testimony, and other evidence to determine how the accident occurred.

Your attorney will also help to support your claim by providing expert opinions outlining the economic and non-economic effects of your injuries. This will include cost estimates for future care and support as well as wage projections and other financial factors. This is necessary to ensure that you are fully compensated for any losses you've suffered and will be able to recover in the future.

Comparative Fault

A system called comparative fault or contributory negligence, determines the amount of fault that an injured person is accountable for a car crash. This is a major issue in many cases and one that your attorney could need to prove.

Most states adopt some type of a comparative fault rule, which allows victims to claim compensation even if they share in the blame for an accident. The amount of the settlement will be based on their degree of fault. For instance, if the jury awards $100,000 for your injuries, but decides that you are 40 percent responsible, you will only receive $60,000.

But the law is more complex than that, as there are two distinct varieties of modified comparative fault rules. The one is known as the 50 bar rule, which prevents the victim from receiving damages if they are more than 50% at fault. It is a rule that is followed by several states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to seek damages if they are found to be 99 percent responsible.

Statute of limitations

In most instances, the person who was injured in a car crash can file a lawsuit. These lawsuits must, however be filed within the prescribed time of limitations, or else the victim's claim will be barred forever.

The statute of limitations does not affect whether or whether an insurance company representing the defendant will settle the case. It is all about the first incident that led to the case, or the incident or accident that caused the injury. So, knowing exactly when the clock starts to run is crucial in making sure that you are in compliance with this crucial legal rule.

In New York, those injured in car accidents can have up to three years to start a personal injury lawsuit. In some cases, this timeline can be reduced. For instance, in situations where minors are involved, the limitation period is paused until the child becomes emancipated by getting married or turning 18 which is usually two years after the incident. There are exceptions to this and seasoned lawyers can advise on the specifics.

Representation

We have extensive experience providing advice and representation to public agencies and utilities in relation to motor vehicle lawsuit vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues concerning rates, service and charges.

We can help you determine the parties responsible for a motor vehicle accident and assist you in pursuing compensation. Our firm assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies on their product liability and automobile accident claims. We handle pre-suit assessments, proactively manage discovery and utilize trial-ready expertise to ensure an optimal outcome for the client regardless of whether it is through an informal resolution or a favorable final decision. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, and relocations.