Motor Vehicle Litigation
In the majority of motor vehicle accident cases, the plaintiff’s damages amount is reduced by their percentage of fault. This is determined by the jury based on the evidence presented to them.
To be held accountable for an injury the defendant must have been negligent at the time of the incident. Liability is based on the extent to which negligence caused the accident.
Liability
The purpose of a accident claim is to seek damages for the damages and injuries caused by another party’s negligence. A lawsuit for a car or trucking accident will require that the injured victim prove that the defendant’s negligence or failure to act resulted in a collision and the bodily injuries that resulted.
An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff’s ability establish their defendant’s liability based on the traditional tort liability rules, including a defendant’s duty to the plaintiff, the defendant’s violation of this duty, the real and proximate causation and injuries.
A skilled lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is a party in a lawsuit. Most automobile insurance policies contain an affirmative coverage to anyone operating the vehicle with owner’s permission but subject to certain restrictions. This usually includes a look at CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will 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 the loss that is anticipated due to the injuries suffered. These are referred to as economic or noneconomic damages.
The former is for things like medical expenses and lost income and the latter is for intangibles, such as pain and suffering. It can be difficult to put an amount in dollars for non-economic damages, such as mental distress and loss of enjoyment.
Your lawyer will assist to determine your damages using a variety methods. This may include retaining accident reconstruction specialists who will look over police reports, photos, witnesses’ testimony, and other evidence to reconstruct the crash.
Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries. This will include cost estimates for the future of care and support along with wage projections and other financial aspects. This is necessary to ensure that you’re fully compensated for any losses you’ve incurred and suffer in the future.
Comparative Fault
In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. In many cases, it’s an important issue that your lawyer will need to prove.
Most states implement some version of a a comparative blame rule, which permits victims to seek compensation even if share in the blame for an accident. The amount of the settlement will be based on the level of blame. For example If a jury awards you $100,000 for your injuries, but concludes that you’re 40% at fault, you would receive only $60,000.
But the law is more complicated than that since there are two distinct types of modified comparative fault rules. The second is known as the 50 bar rule, which blocks an injured party from claiming damages when they are more than 50% at fault. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault. This allows victims to claim damages even if they are found to be at fault.
Statute of limitations
In the majority of cases, a person who is injured in a car accident is entitled to file a lawsuit against the person responsible for the crash. However, these lawsuits must be filed within the statute of limitations or the victim’s claim is forever barred.
The statute of limitations is not a factor in whether or the insurance company of the defendant will settle the case. It is focused on the primary incident that brought about the case, or the incident or accident that caused the injury. Therefore, knowing exactly when the clock begins to tick is crucial for the proper application of this important legal requirement.
In New Haven Motor Vehicle Accident Law Firm York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. This time frame may be cut down in certain circumstances, however. If a child is involved, such as the statute is suspended until the child is liberated, which is accomplished by marrying or reaching the age of 18, typically two years after the incident. There are exceptions to this and experienced attorneys can assist with the specifics.
Representation
We have a wealth of experience in consulting and representing public entities and utilities on matters related to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities, such as gas, electric and water/sewer services. We also represent transportation companies like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.
We can assist you in determining the parties responsible for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including 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 arising from accidents in the automobile. We handle pre-suit assessments, manage discovery in a proactive manner and apply trial-ready skills for an optimal outcome for the client whether that is through a an informal disposition or a favorable verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represent them in New suwanee motor vehicle accident lawsuit Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, as well as relocations.
