Eloisa Feuerstein asked 2 months ago
Motor Vehicle Litigation
In the majority of motor vehicle accident cases, the plaintiff’s damages are reduced by the percentage of fault. This is decided by the jury based on evidence presented to them.
To be held liable for a personal injury the defendant must be negligent during the incident. Liability is determined by the amount of negligence that contributed to the accident.
Liability
The aim of a motor vehicle accident claim is to seek damages for the injuries and losses resulting from the negligence of another party. A lawsuit arising out of an auto or trucking crash will require that the victim’s claim be proven that the defendant’s negligent acts or inaction caused a collision and the resulting bodily injury.
An experienced lawyer can help you determine whether the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases hinge on a plaintiff’s ability establish the liability of their defendant based on traditional tort liability principles and include a defendant’s duty to the plaintiff, the breach by the defendant of the duty, actual and proximate causation, and injuries.
A skilled lawyer can also assist in determining liability in cases in which the insured driver or the owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.
Damages
A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket which are incurred, and motor vehicle accident Law Firm also future loss that will be expected due to the injuries sustained. These are known as economic and noneconomic damages.
The former covers things such as medical bills and lost income, while the latter covers more intangible issues like suffering and pain. It is often difficult to determine a specific dollar value to non-economic damages like mental distress and loss of enjoyment life.
Your lawyer will help to determine your damages using a variety of methods. This may include retaining accident reconstruction specialists who will review police reports, photographs as well as witnesses’ testimony and other evidence in order to reconstruct the crash.
Your lawyer will also support your claim by providing expert opinions detailing the economic and non-economic consequences of your injuries. This will include estimates of the cost for future care and assistance, wage projections, and other financial factors. These are essential to ensure you are fully compensated for losses that you have suffered and encounter in the near future.
Comparative Fault
In a car wreck, the system known as comparative fault (or contributory negligence) determines the degree of fault the injured party is accountable for. It’s a crucial issue in a variety of cases and something that your attorney might be required to prove.
Most states use some type of a comparative fault rule, which allows victims to seek compensation even if have a share of the blame in an accident. But the amount of their settlement will be reduced according to the degree of fault. For instance when a jury decides to award you $100,000 for your injuries but finds you are 40% at fault, you would only receive $60,000.
There are two kinds of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they are responsible for more than 50%. It is followed by some states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to seek damages if they are found to be 99% responsible.
Statute of limitations
In most situations, a person is injured in a car crash is legally entitled to file a lawsuit against the person who caused the crash. However, these lawsuits must be filed within a certain timeframe known as the statute of limitations, or the victim’s legal claim is forfeited and barred for ever.
The statute of limitations has nothing to do with whether or not the defendant’s insurance company will settle it, and has it is all about the trigger event in the case-the accident or incident that caused the injury. Calculating the exact time that the clock begins to tick is crucial to ensure compliance with this important rule.
In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. In some cases this time frame can be reduced. For instance, in cases where minors are involved the limitation period is paused until the child becomes legally emancipated after marriage or reaching age 18, which is usually two years after the incident. There are other circumstances, and a seasoned attorney can offer advice on the particulars.
Representation
We have extensive experience providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like electricity, water, and sewer services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues regarding rates, services and fees.
In a motor vehicle accident law firm car accident case, we can help determine the parties at fault and support you in the pursuit of compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.
Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on the subject of product liability and claims for automobile accidents. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready skills to obtain an outcome that is favorable to the client which could be a summary decision or a favorable final verdict. Our team counsels franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relations and represents them at New motor vehicle accident lawsuit Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs, as well as relocations.