Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are diminished by their percentage of fault. This is determined by the jury based on evidence presented to them.

To be held liable for personal injury, the defendant has to have been negligent during the incident. Liability is determined based on the degree of negligence which contributed to the incident.

Liability

The goal of a Henderson Motor Vehicle Accident Attorney accident claim is to collect damages for the damage and losses caused by the negligence of another party. A lawsuit for an auto or trucking accident will require that the injured victim prove that the defendant's negligent actions or inaction led to a collision, and the bodily injuries that resulted.

An experienced lawyer can assist you in determining the fault of the driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's fault using tort liability principles. This includes a defendant's duty to the victim, the defendant's violation of this duty direct and actual causation, and injuries.

Additionally, a skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit, too. The majority of automobile insurance policies provide protection to those who operate the vehicle with the approval of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses and the loss that is expected as a result of the injuries sustained. These are called economic and noneconomic damages.

The former covers things like medical expenses and lost income while the second is compensation for more intangible issues like suffering and pain. It is difficult to quantify a dollar amount on non-economic damages, such as mental suffering and loss of enjoyment.

Your lawyer will assist you calculate your damages using a variety methods. This may include retaining accident reconstruction specialists who will review police reports, photographs as well as witnesses' testimony and other evidence to reconstruct the accident.

Your lawyer will also strengthen your case with expert opinions outlining the economic and non-economic impacts of your injuries. This includes cost estimates for care and support in the future, wage projections and other financial factors. These are vital to ensure you are compensated fully for any losses that you have suffered and continue to be afflicted in the future.

Comparative Fault

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

Most states implement some type of a comparative fault rule, which allows victims to pursue compensation even if they share in the blame for an accident. However, the amount of their settlement will be lowered by the degree of fault. For example If a jury gives you $100,000 for your injuries, but determines that you're 40 percent at fault, you'd be awarded only $60,000.

There are two types of modified comparative-fault rules. The first is the 50% bar rule. This rule prevents an injured person from receiving compensation if they are at fault for more than 50 percent. This is the practice of some states, including Colorado and Utah. The other type is pure comparative fault, which allows victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In most instances, a person injured involved in a car accident may file a lawsuit. However, these lawsuits must, be filed within the timeframe of limitations, or else the victim's claim is forever barred.

The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle or not, and everything to do with the trigger event in the case, which is the incident or Motor Vehicle Accident Attorney accident which caused the injury. Knowing the exact moment at which the clock begins to tick is crucial for the compliance of this crucial rule.

In New York, people who are injured in car crashes generally have three years to bring personal injury lawsuits. In some cases, this timeline can be shortened. For instance, in situations where minors are involved the limitation period is paused until the child becomes legally emancipated after marriage or reaching age 18, which is typically two years following the accident. There are other exceptions, and a knowledgeable lawyer can advise on the specifics.

Representation

We have a wealth of 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 such as electric, gas, and water/sewer services. We also represent transportation entities like 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 for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include the wrongful deaths.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies on product liability and automobile accidents claims. We manage pre-suit evaluations and proactively manage the discovery process. We also apply trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summary decision or a favorable decision. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relations and Motor Vehicle Accident Lawsuit represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.