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Motor Vehicle Litigation

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

To be held liable for a personal injury the defendant must be negligent during the incident. The degree of liability is determined by the degree to which the negligence caused the accident.

Liability


The purpose of a motor vehicle accident claim is to collect damages from the other party to compensate for damages and injuries caused through their negligence. Unless the injured victim lives in one of the states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must prove that the negligence of a defendant or failure to act resulted in a collision, and corresponding bodily injury.

An experienced lawyer can help you determine if the driver at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's responsibility by relying on tort liability rules. This includes a defendant’s obligation to the victim, the defendant’s infraction of this duty, direct and immediate causation as well as injuries.

A skilled lawyer can also assist in analyzing liability in situations where the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative grant of insurance to anyone operating the vehicle with the owner's permission but subject to certain restrictions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually accomplished by providing a detailed account of out-of-pocket expenses incurred and also future losses that are expected to arise as a result of the injuries suffered. These are referred to as non-economic and economic damages.

The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles, such as suffering and pain. It is difficult to quantify the dollar value of non-economic losses, like mental distress and loss of enjoyment in life.

Your attorney will assist you in the calculation of your damages through the use of a range of techniques. This could include hiring experts in accident reconstruction who will look over police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the accident.

Your lawyer will also help your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. These will include estimates of future care and support costs, wage projections and other financial considerations. These are necessary in order to ensure that you're fully compensated for any losses that you have suffered and experience in the future.

Comparative Fault

In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. In many instances, it's a crucial aspect that your lawyer will need to prove.

Most states adopt some type of a comparative fault rule that allows victims to seek compensation even if they are a part of the blame for an accident. However, the amount they receive in settlement will be lowered by their level of fault. If, for instance, an appeals court awards $100,000 for your injuries, and then determines that you are at least 40 percent responsible, you will only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The one is known as the 50% bar rule, which blocks an injured party from claiming damages if they are more than 50 percent at the fault. Colorado and Utah are two states that are governed by this rule. The other variant, called pure comparative negligence, permits victims to claim damages if they are found to be 99% at fault.

Statute of limitations

In the majority of cases, an injured person in a car crash can make a claim. However these lawsuits must be filed within a certain time period, referred to as the statute of limitations or the victim's legal claim will be barred and forfeited forever.

The statute of limitations does not have anything to have anything to do with whether the defendant's insurance company will settle or not, and everything to do with the trigger event that started the case - the incident or accident that caused the injury. Knowing the exact moment at which the clock begins to tick is crucial to ensure compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. This timeline may be shortened in certain circumstances, however. For instance, in cases where a minor is involved, the statute of limitations is suspended until the child becomes free by marrying or reaching age 18, which is usually two years following the accident. There are other circumstances, and a seasoned attorney can give advice on the particulars.

Representation

We have a wealth of experience representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We also represent transportation businesses including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the responsible parties in an accident involving a motor vehicle and help you pursue compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as wrongful death cases.

motor vehicle accident lawsuit lauderhill provides advice to manufacturers, national leasing companies, as well as national logistics firms on product liability and automobile accidents claims. We manage pre-suit assessment, manage discovery in a proactive manner and utilize trial-ready expertise to ensure the best possible outcome for our clients whether that is through a the summary resolution or a favorable final verdict. Our team counsels franchised motor vehicles, motorcycles and truck dealers on issues that concern dealer-factory relationships and also represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.

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