Motor Vehicle Litigation
In the majority of motor vehicle crash cases, the plaintiff's award is reduced by their percentage of the fault. The jury will determine this on the basis of the evidence presented to them.
To be held liable for a personal injury the defendant must have been negligent in the incident. The amount of liability is determined by the amount of negligence that contributed to the accident.
Liability
The purpose of a motor accident claim is to seek compensation from the party who caused the losses and injuries caused through their negligence. Unless the injured person lives in one of the few states that operate under a no fault insurance system and a trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act caused a collision with an injury to the body.
An experienced attorney can assist you in determining whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's capacity to prove their defendant's liability based on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the defendant's breach of the duty, actual and proximate causation, and injuries.
Additionally, a experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle might be involved in a lawsuit, too. Most automobile insurance policies grant protection to those who operate the vehicle with the approval of the owner, with certain exceptions. This analysis will include a review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is typically done by providing thorough information on the expenses out of pocket which are incurred, and also future loss that will be expected due to the injuries suffered. These are called economic and non-economic damages.
The former is for things like medical expenses and lost income, while the latter pays for intangibles, such as pain and suffering. Sometimes, it is difficult to assign an exact dollar value to damages that are not economic like mental stress and loss of enjoyment life.
Your lawyer will assist in the calculation of your damages through the use of 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 way in which the accident took place.
Your lawyer will also strengthen your claim with expert opinion that outline the economic and non-economic consequences of your injuries. This will include estimates of the cost for future care and assistance along with wage projections and other financial factors. These are vital to ensure that you're completely compensated for any losses you've suffered and continue to be afflicted in the future.
Comparative Fault
In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's a key issue in many cases and something your attorney may need to prove.
Most states implement some type of a comparative fault rule, which permits victims to claim compensation even if they are a part of the blame for an accident. However, the amount they receive in settlement will be reduced according to their level of blame. For example, if a jury decides to award you $100,000 for your injuries, but determines that you're 40 percent in the wrong, you'd be awarded only $60,000.
There are two distinct kinds of modified comparative fault rules. The first is known as the 50 bar rule, which prevents an injured party from receiving damages when they are more than 50% at fault. It is a rule that is followed by a few states, including Colorado and Utah. Another variant is pure comparative fault. This allows victims to claim damages even if found to be 99 percent at fault.
Statute of limitations
In the majority of situations, a person is injured in a car crash is allowed to file a lawsuit against the person responsible for the crash. However, these lawsuits must be filed within the prescribed time of limitations or the claim of the victim will be forever barred.
The statute of limitations does not affect whether or whether an insurance company representing the defendant will settle the case. It's focused on the primary event that triggered the case, the incident or accident that caused the injury. The exact time at which the clock begins to run is essential for compliance with this important rule.
In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. This time frame may be cut down in certain circumstances, however. For example, in cases where a minor is involved, the statute of limitations is suspended until the child becomes emancipated by getting married or reaching age 18, which typically takes two years following the accident. There are also exceptions and seasoned lawyers can assist with the specifics.
motor vehicle accident law firm kalamazoo have a wealth of experience advising and representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as water, electricity and sewer services. We also represent transportation entities including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.
We can assist you in determining the responsible parties for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including wrongful deaths.
Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics firms on product liability and automobile accidents claims. We manage pre-suit assessments and proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients regardless of whether it is through the summary disposition or a favorable final decision. Our team regularly counsels 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.