Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's damages award is lowered by their percentage of the fault. The jury will make this decision on the basis of the evidence they are presented.

To be held responsible for personal injury the defendant must be negligent during the incident. Liability is determined by the extent of negligence that led to the incident.

Liability

The aim of a motor vehicle accident claim is to recover damages for the injuries and losses caused by negligence of another party. A lawsuit for an automobile or trucking collision will require that the victim's claim be proven that the defendant's negligent actions or inactions led to a collision, and the resulting bodily injury.

An experienced attorney can help you determine whether the driver at fault or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's ability to establish their defendant's liability based on the principles of tort liability, including a defendant's duty to the plaintiff, the breach of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of insurance policies for automobiles include an affirmative grant of insurance to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful edina motor vehicle accident attorney vehicle lawsuit will prove the damages suffered by plaintiff. This is usually done by providing detailed documentation of the out-of-pocket expenses that were incurred and also the potential for future losses to arise as a result of the injuries sustained. These are known as economic and non-economic damages.

The former covers things such as medical expenses and lost income. The second is compensation for things that are more intangible like pain and suffering. It can be difficult to determine an amount of money on non-economic losses, like mental suffering and loss of enjoyment in life.

Your attorney will assist to determine your damages using a variety of methods. This includes retaining experts in reconstruction of accidents who examine photographs of the scene police reports, witness testimony and other evidence to determine the circumstances of 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 estimates of future healthcare and support costs, wage projections and other financial factors. These are essential to ensure you are compensated fully for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the amount of fault that an injured party is responsible for. In many cases, it's an important aspect that your lawyer must prove.

Most states implement some version of a a comparative blame rule that allows victims to seek compensation even if share in the blame for an accident. However, the amount they receive in settlement will be reduced according to the degree of fault. For example when a jury will award you $100,000 for injuries but finds you are 40% at fault, you will be awarded only $60,000.

However, the law is more complicated than that, because there are two distinct forms of modified comparative fault rules. The first is the 50% bar rule. This bar rule blocks an injured person from receiving compensation if they're responsible for more than 50%. This is the practice of some states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to seek damages if they are found to be 99 per cent responsible.

Statute of Limitations

In the majority of cases, a person is injured in a car accident is eligible to file a claim against the person who caused the accident. However these lawsuits must be filed within the timeframe known as the statute of limitations or the claim of the victim will be barred and forfeited for life.

The statute of limitations has nothing to do with whether or not the insurer of the defendant will settle, and it is all about the trigger event that started the case - the incident or accident that led to the injury. The exact time at which the clock begins to tick is crucial for crestline motor vehicle accident lawyer complying with this important rule.

In New York, people who are injured in car crashes generally have three years to bring personal injury lawsuits. In certain instances the timeline may be shortened. If a child is involved, for example, the statute is paused until the child becomes liberated, which is achieved by marrying or reaching the age of 18, usually two years after the incident. There are also exceptions, and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience representing utilities and public entities 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 represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues regarding rates, services and charges.

We can assist you in determining the parties accountable for accidents involving motor vehicles and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics firms on product liability and automobile accidents claims. We handle pre-suit evaluations, manage discovery in a proactive manner and utilize trial-ready expertise to ensure an optimal outcome for the client whether that is through a an informal disposition or a favorable decision. Our team of lawyers advises franchised motor vehicles as well as truck dealers on issues related to factory-dealer relations and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs and relocations.