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This Is A Motor Vehicle Compensation Success Story You'll Never Be Able To
Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are lowered by their percentage fault. This is determined by the jury based on evidence presented to them.

To be held responsible for personal injuries, the defendant has to be negligent during the incident. The amount of liability is determined by the degree to which the negligence contributed to the accident.

Liability

The aim of a motor accident claim is to seek damages for injuries and losses caused by the negligence of a third party. A lawsuit arising out of an auto or trucking accident will require that the victim of the accident prove that the defendant's negligent acts or inactions caused a collision and the resulting bodily injury.

An experienced lawyer can help you determine the fault of the driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability to establish their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's breach of the duty, actual and proximate cause, and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle may be involved in an action. Most automobile insurance policies grant protection to those who operate the vehicle with the permission of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages incurred by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses that are incurred, as well as the loss that is expected as a result of the injuries sustained. These are called economic and non-economic damages.

The former covers things such as medical bills and lost income, while the latter is compensation for more intangible things such as pain and suffering. It is difficult to establish a dollar amount on non-economic losses, like mental suffering and loss of enjoyment in life.

Your attorney will assist to calculate the damages you have suffered using a variety methods. This could include hiring accident reconstruction experts who analyze photos, police reports and witnesses' statements, and other evidence to reconstruct the accident.

Your attorney will also be able to support your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial aspects. They are crucial to ensure you are completely compensated for any losses that you have suffered and continue to be afflicted in the future.

Comparative Fault

A system known as comparative fault - or contributory negligence - defines how much fault an injured person can be held responsible for a car crash. In many instances, it's a crucial issue that your attorney must prove.

motor vehicle accident lawyer greensboro have some form of comparative fault rule which allows victims to receive compensation even if a portion of the blame is for an accident. However, the amount of their settlement will be reduced according to their level of blame. If, for instance, a jury awards $100,000 for your injuries, but decides that you are 40 percent responsible, you will only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50 bar rule, which prevents an injured party from receiving damages when they are more 50% at fault. It is a rule that is followed by some states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to claim damages if they are found to be 99 percent at fault.

Statute of Limitations

In most instances, a person who is injured in a car crash is entitled to file a lawsuit against the person who caused the accident. However they must be filed within a certain time period, referred to as the statute of limitations or the claim of the victim is deemed to be void and barred forever.

The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It is all about the first event that triggered the case, whether it was an incident or accident which caused the injury. Calculating the exact time that the clock begins to tick is vital for compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. This time frame may be cut down in certain situations, however. For example, in cases where minors are involved the statute of limitations is paused until the child is emancipated by getting married or reaching age 18, which typically takes two years after the incident. There are other exceptions and experienced attorneys can help you understand the particulars.

Representation


We have extensive experience representing public entities and utilities in matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities like electric, gas and water/sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the responsible parties in the cause of a motor vehicle crash and help you pursue compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on their product liability and claims for automobile accidents. We handle pre-suit assessments and actively manage the discovery process. We also use trial-ready techniques to ensure a favorable client outcome whether it's a summative decision or a favorable final 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 involving dealership terminations, add points warranty and incentive audits, as well as relocations.

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