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Motor Vehicle Litigation In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is decided by the jury on the basis of evidence presented to them. To be liable for a personal injury the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree to which negligence caused the accident. Liability The purpose of a motor accident claim is to seek damages for injuries and losses caused by the negligence of a third party. A lawsuit for an auto or trucking crash requires that the injured party prove that the defendant's negligence or inaction resulted in a collision and the bodily injuries that resulted. An experienced attorney can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's fault using tort liability principles. This includes a defendant's duty to the victim, a defendant's failure to fulfill this duty, actual and direct causation and injuries. A knowledgeable lawyer can assist in determining liability in cases in which the insured driver or the owner of the vehicle are involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who uses the vehicle with the approval of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602. Damages A successful motor vehicle lawsuit has to establish damages suffered by the plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses incurred, as well as future losses that are expected as a result of the injuries sustained. These are known as economic and non-economic damages. The former covers things such as medical bills and lost income, while the latter is a way to compensate for more intangible things such as pain and suffering. Oftentimes, it can be difficult to determine an exact dollar value to damages that are not economic such as mental anguish and loss of enjoyment life. Your attorney will assist to calculate the damages you have suffered using a variety of methods. This could include retaining experts in accident reconstruction who will look over police reports, photos witness statements, and other evidence to reconstruct the crash. Your lawyer will also support your claim with expert opinions outlining the economic and non-economic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections and other financial factors. These are vital to ensure you are fully compensated for any losses that you have suffered and continue to be afflicted in the future. Comparative Fault A system known as comparative fault, also referred to as contributory negligence determines the extent to which an injured person could be accountable for in a car accident. It's an important issue in many cases and something your lawyer may be required to prove. The majority of states have some kind of a comparative fault system that allows victims to receive compensation regardless of their share of the blame lies with an accident. But the amount of their settlement will be lowered by their level of fault. For motor vehicle accident law firm west palm beach when a jury awards you $100,000 for your injuries but finds you are 40 percent at fault, you'd only receive $60,000. However, the law is more complicated than that because there are two distinct types of modified rules of comparative fault. The first is referred to as the 50 bar rule, which prevents an injured party from receiving damages when they are more than 50 percent at the fault. Colorado and Utah are two states that adhere to this rule. Another variation is known as pure comparative fault, which allows victims to recover damages even if they are found to be 99 percent at fault. Statute of limitations In the majority of cases, a person is injured in a car crash is eligible to file a claim against the party who caused the crash. These lawsuits must, however be filed within the timeframe of limitations or the claim of the victim will be forever barred. The statute of limitations does not have anything to have anything to do with whether the insurer of the defendant will settle or not, and everything to do with the trigger event in the case-the accident or incident that led to the injury. Determining the exact time the clock begins to tick is vital for respecting this important rule. In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits. In certain instances the timeline may be reduced. In cases where a child is involved, for example the statute is suspended until the child is emancipated, which can be achieved by marriage or at the age of 18 typically two years after the incident. There are exceptions to this and seasoned lawyers can advise on the specifics. Representation We have extensive experience as a consultant and advocate for public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including electricity, water and sewer services. We also represent transportation companies like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service. We can assist you in determining the responsible parties in an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as fatalities caused by negligence. Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics firms on auto accidents and product liability claims. We manage pre-suit assessments and proactively manage the discovery process. We also employ trial-ready techniques to ensure the best possible client outcome whether it's a summative disposition or favourable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, and relocations.