Motor Vehicle Litigation
In most motor vehicle crash lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is decided by the jury on the basis of evidence presented to them.
To be held liable for a personal injury, the defendant has to be negligent during the incident. Liability is based on the degree to which negligence contributed to the accident.
Liability
The objective of a motor crash claim is to recover damages from the other party to compensate for injuries and losses caused due to their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit requires that the defendant's negligent actions or inaction resulted in a collision, and the resulting bodily injury.
An experienced lawyer can assist you in determining whether the at-fault driver or other defendant is liable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.
Additionally, a knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle may be the subject of lawsuits as well. Most insurance policies for automobiles provide an affirmative guarantee of coverage for anyone who is operating the vehicle with the owner's permission with certain limitations. This analysis will include a review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred as well as future losses that are likely to arise due to the injuries sustained. These are referred to as economic or noneconomic damages.
The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such suffering and pain. Oftentimes, it can be difficult to assign a precise dollar value to non-economic damages like mental stress and loss of enjoyment life.
Your lawyer will assist in calculating your damages through the use of a variety of methods. This includes retaining experts in the field of accident reconstruction who examine photographs of the scene police reports, witness testimony, and other evidence to determine the circumstances of the crash.
Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of future medical and support costs, wage projections and other financial considerations. These are necessary to ensure that you are fully compensated for any losses that you have suffered and suffer in the future.
Comparative Fault
In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of fault that the person who was injured is accountable for. It's a key issue in a number of cases, and one that your attorney could have to prove.
Most states have some form of comparative fault rule which allows victims to receive compensation even if a portion of the blame is for an accident. The amount of compensation will be determined by the degree of fault. So, for example when a jury decides to award you $100,000 for your injuries, but concludes that you're 40% at fault, you would only receive $60,000.
But the law is more complex than that, because there are two distinct kinds of modified comparative fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault, which allows victims to claim damages even if they are found to be at fault.
Statute of Limitations
In most instances, the person who was injured who is injured in a car crash may bring a lawsuit. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations or the claim of the victim is forfeited 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 which caused the injury. Thus, knowing precisely when the clock will begin to tick is essential for ensuring compliance with this important legal requirement.
In New York, those injured in car accidents can have up to three years to start a personal injury lawsuit. This timeline may be shortened in some circumstances, however. In cases where a child is involved, for instance the statute is suspended until the child is legally emancipated. This can be achieved by marrying or reaching the age of 18 usually two years after the accident. Other exceptions exist and experienced lawyers can help you understand the particulars.
Representation
We have significant experience providing advice and representation to public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including electricity, water and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and fees.
We can help you determine the parties responsible for accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.
Our commercial motor vehicle accident law firms vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure the best possible outcome for our clients whether it's through a the summary resolution or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New motor vehicle accident Attorneys Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, and relocations.
In most motor vehicle crash lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is decided by the jury on the basis of evidence presented to them.
To be held liable for a personal injury, the defendant has to be negligent during the incident. Liability is based on the degree to which negligence contributed to the accident.
Liability
The objective of a motor crash claim is to recover damages from the other party to compensate for injuries and losses caused due to their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit requires that the defendant's negligent actions or inaction resulted in a collision, and the resulting bodily injury.
An experienced lawyer can assist you in determining whether the at-fault driver or other defendant is liable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.
Additionally, a knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle may be the subject of lawsuits as well. Most insurance policies for automobiles provide an affirmative guarantee of coverage for anyone who is operating the vehicle with the owner's permission with certain limitations. This analysis will include a review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred as well as future losses that are likely to arise due to the injuries sustained. These are referred to as economic or noneconomic damages.
The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such suffering and pain. Oftentimes, it can be difficult to assign a precise dollar value to non-economic damages like mental stress and loss of enjoyment life.
Your lawyer will assist in calculating your damages through the use of a variety of methods. This includes retaining experts in the field of accident reconstruction who examine photographs of the scene police reports, witness testimony, and other evidence to determine the circumstances of the crash.
Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of future medical and support costs, wage projections and other financial considerations. These are necessary to ensure that you are fully compensated for any losses that you have suffered and suffer in the future.
Comparative Fault
In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of fault that the person who was injured is accountable for. It's a key issue in a number of cases, and one that your attorney could have to prove.
Most states have some form of comparative fault rule which allows victims to receive compensation even if a portion of the blame is for an accident. The amount of compensation will be determined by the degree of fault. So, for example when a jury decides to award you $100,000 for your injuries, but concludes that you're 40% at fault, you would only receive $60,000.
But the law is more complex than that, because there are two distinct kinds of modified comparative fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault, which allows victims to claim damages even if they are found to be at fault.
Statute of Limitations
In most instances, the person who was injured who is injured in a car crash may bring a lawsuit. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations or the claim of the victim is forfeited 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 which caused the injury. Thus, knowing precisely when the clock will begin to tick is essential for ensuring compliance with this important legal requirement.
In New York, those injured in car accidents can have up to three years to start a personal injury lawsuit. This timeline may be shortened in some circumstances, however. In cases where a child is involved, for instance the statute is suspended until the child is legally emancipated. This can be achieved by marrying or reaching the age of 18 usually two years after the accident. Other exceptions exist and experienced lawyers can help you understand the particulars.
Representation
We have significant experience providing advice and representation to public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including electricity, water and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and fees.
We can help you determine the parties responsible for accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.
Our commercial motor vehicle accident law firms vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure the best possible outcome for our clients whether it's through a the summary resolution or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New motor vehicle accident Attorneys Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, and relocations.