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Motor Vehicle Litigation
In the majority of motor vehicle crash cases, the plaintiff’s are reduced by the percentage of the fault. The jury decides this on the basis of the evidence they receive.
To be liable for an injury the defendant must have been negligent at the time of the incident. The degree of liability is determined by the degree to which negligence contributed to the accident.
Liability
The purpose of a motor vehicle accident claim is to seek compensation from the other party to compensate for losses and injuries caused through their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit will require showing that the negligence of a defendant or inaction caused a collision with injuries to the body.
An experienced lawyer can assist you in determining the fault of the driver or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff’s ability prove the defendant’s responsibility based on tort liability principles. This includes a defendant’s obligation to the victim, the defendant’s violation of this duty direct and actual causation, and injuries.
A knowledgeable lawyer can help analyze liability in situations where the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses and the loss that is anticipated due to the injuries sustained. These are referred to as economic and non-economic damages.
The first is for things like medical expenses and lost income as well as compensation for intangibles like pain and suffering. It can be difficult to determine an exact value to non-economic losses like mental distress and loss of enjoyment life.
Your lawyer will assist in calculating your damages through the use of a variety. This includes hiring accident reconstruction experts who will examine photographs of the scene police reports, witness testimony, and other evidence to determine the circumstances of the crash.
Your attorney will also be able to support your claim by getting expert opinions that detail the economic and non-economic consequences of your injuries. This includes cost estimates for the future of care and support along with wage projections and other financial considerations. These are essential to ensure you are completely compensated for any losses you’ve suffered and continue to experience in the near future.
Comparative Fault
A system referred to as comparative fault or contributory negligence – determines the extent to which an injured person could be accountable for a car crash. It’s an important issue in many cases and something your attorney may be required to prove.
Many states have a type of comparative fault rule that allows victims to be compensated regardless of whether their part of the blame is for an accident. The amount of the settlement will be determined by their level of blame. For example, if a jury awards you $100,000 for your injuries, but finds that you’re 40% at fault, you will only get $60,000.
There are two distinct types of modified comparative-fault rules. The one is known as the 50% bar rule, which blocks the victim from claiming damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to seek damages in the event that they are found to be 99 percent at fault.
Statute of Limitations
In most cases, a person who is injured in a car accident is legally entitled to file a lawsuit against the person responsible for the crash. These lawsuits must, however, be filed within the statute of limitations or the victim’s claim will be forever barred.
The statute of limitation does not affect whether or whether an insurance company representing the defendant will settle the case. It’s focused on the primary incident that brought about the case, whether it was an incident or accident which 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 are allowed up to three years to bring a personal injury lawsuit. In some instances, this timeline can be reduced. In the event that a child is involved, for example, the statute is paused until the child becomes emancipated, which can be achieved by marriage or at the age of 18 typically two years after the accident. There are other exceptions, and a skilled attorney can provide advice on the specifics.
Representation
We have a wealth of experience in advising and representing public agencies and utilities in matters relating to georgetown motor vehicle accident law firm vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as electric, gas, and water/sewer services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues involving rates, service and fees.
We can help you determine the parties accountable for a motor vehicle accident and assist you in pursuing compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as wrongful death cases.
Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessment, proactively manage discovery and utilize trial-ready expertise to ensure an optimal client outcome whether it’s through a summary resolution or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New Columbia Motor vehicle Accident law firm Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.