Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage fault. The jury will decide this according to the evidence they are presented with.
To be held responsible for personal injury the defendant must have been negligent in the incident. Liability is determined by the amount of negligence that contributed to the incident.
Liability
The goal of a motor accident claim is to recover damages for damages and injuries caused by the negligence of a third party. Unless the injured victim lives in one of the few states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and corresponding bodily injury.
An experienced lawyer can help you determine whether the person at fault or another defendant is responsible for your losses. Most auto accidents cases rely on the plaintiff's ability to establish the liability of their defendant based on the principles of tort liability that include a defendant's responsibility to the plaintiff, the defendant's violation of this duty, the causality that is actual and proximate, and injuries.
Additionally, a skilled lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit as well. The majority of automobile insurance policies provide protection to those who operate the vehicle with the permission of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit must prove the damages suffered by a plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses expected to arise due to the injuries suffered. These are known as economic and non-economic damages.
The former is used to cover things like medical expenses and lost income as well as compensation for intangibles 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 attorney will assist to calculate the damages you have suffered with a variety of methods. This could include retaining experts in accident reconstruction who will analyze photos, police reports witness statements, and other evidence in order to reconstruct the crash.
Your attorney will also help to support your claim by providing expert opinions detailing the economic and non-economic effects of your injuries. These will include estimates of costs for future care and support, wage projections, and other financial aspects. They are required to ensure that you are fully compensated for the losses that you have suffered and encounter in the near future.
Comparative Fault
In a car accident, the system known as comparative fault (or contributory negligence) determines the amount of fault the injured party is accountable for. It's a key issue in a lot of cases and something that your attorney might be required to prove.
The majority of states have some version of a a comparative blame rule, which allows victims to claim compensation even if they share in the blame for an accident. The amount of compensation will be determined by the degree of fault. For instance, if a jury gives you $100,000 for your injuries, but concludes that you're 40 percent at fault, you'd receive only $60,000.
There are two distinct types of modified comparative-fault rules. The first is the 50 bar rule. This prevents the injured party from receiving compensation if they're responsible for more than 50 percent. It is a rule that is followed by certain states, such as Colorado and Utah. The other type, known as pure comparative negligence, permits victims to claim damages if they're found to be 99 per cent responsible.
motor vehicle accident law firm santa ana of Limitations
In the majority of situations, a person is injured in a car crash is eligible to file a claim against the person responsible for the crash. However, these lawsuits must be filed within the timeframe of limitations, or else the claim of the victim will be barred forever.
The statute of limitations has nothing to do with whether or not the defendant's insurance company will settle or not, and everything to do with the triggering event that initiated the case - the incident or accident which caused the injury. Thus, knowing precisely when the clock begins to tick is vital for making sure that you are in compliance with this crucial legal requirement.
In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. This timeline may be shortened in some circumstances, however. In cases where a minor is involved, for example the statute is suspended until the child becomes liberated, which is attained by marriage or when they reach the age of 18 typically two years after the incident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.
Representation
We have years of experience advising and representing public entities and utilities in matters involving motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as electric, gas, and water/sewer services. We also represent transportation companies including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases involving rates, fees and service.
In a motor vehicle accident case, we can help determine the parties at fault and support you in your pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, as well as death by negligence.
Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies regarding auto accidents and product liability claims. We manage pre-suit assessment and proactively manage the discovery process. We also employ trial-ready techniques to ensure a favorable client outcome whether it's a summative decision or a favorable verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points, warranty and incentive audits, and relocations.