Notes

A. The Most Common Motor Vehicle Compensation Debate It's Not As Black And White As You Might Think
Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of the fault. The jury will determine this according to the evidence presented to them.

To be liable for an injury the defendant must be negligent at the time of the incident. Liability is based on the degree to which the negligence caused the accident.

Liability

The purpose of a motor vehicle accident claim is to obtain compensation from the other party for damages and injuries caused through their negligence. A lawsuit for an automobile or trucking accident will require that the victim's claim be proven that the negligent actions of the defendant or failure to act led to a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining whether the driver at fault or any other defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence based on tort liability principles. This includes a defendant’s duty to the victim, defendant's breach of this duty, direct and real causation and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative grant of coverage to anyone operating the vehicle with the owner's permission with certain limitations. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket that are incurred, as well as the future loss expected due to the injuries suffered. These are called economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter pays for intangibles such as pain and suffering. It can be difficult to assign an exact dollar value to damages that are not economic such as mental anxiety and loss of enjoyment life.

Your attorney will assist you in calculating your damages through the use of a variety. motor vehicle accident lawsuit mckinney could include retaining experts in accident reconstruction who will examine police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. These will include estimates of future healthcare and support costs, wage projections and other financial factors. These are crucial to ensure that you are fully compensated for any loss you've suffered and continue to be afflicted in the future.


Comparative Fault

A system called comparative fault or contributory negligence - determines how much fault an injured person could be held responsible for in a car accident. It's a key issue in a number of cases, and something your attorney may be required to prove.

The majority of states have some form of a comparative fault rule that allows victims to seek compensation even if share the blame for an accident. However, the amount they receive in settlement will be reduced according to the degree of fault. So, for example, if a jury awards you $100,000 for your injuries, but finds that you're 40 percent at fault, you would only receive $60,000.

However, the law is more complicated than that as there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they are at fault for more than 50 percent. This is the practice of a few states, including Colorado and Utah. The other type is pure comparative fault. It allows victims to recover damages even if they are found to be 99 percent at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car accident is eligible to file a claim against the person responsible for the accident. However, these lawsuits must be filed within the statute of limitations, or else the claim of the victim will be barred forever.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle it, and has everything to do with the trigger event that started the case-the accident or incident that led to the injury. The exact time at which the clock starts to tick is crucial for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to start a personal injury lawsuit. In some instances this time frame can be shortened. For example, in cases where a minor is involved, the limitation period is paused until the child becomes fully emancipated through marriage or reaching age 18, which is typically two years following the accident. There are other exceptions and experienced attorneys can assist with the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as electricity, water, and sewer services. We also represent transportation organizations like taxicabs trucking companies and limousines, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle crash instance, we are able to identify the parties responsible and assist you in the pursuit of compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics firms on auto accidents and product liability claims. We manage pre-suit assessments, proactively manage discovery and utilize trial-ready expertise to ensure an optimal client outcome regardless of whether it is through the summary disposition or a favorable verdict. Our team of lawyers advises franchised motor vehicles and motorcycle dealers regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.

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