Motor Vehicle Litigation

In most evanston motor vehicle accident law firm vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of fault. This is determined by the jury based on evidence presented to them.

To be held responsible for a personal injury, the defendant has to have been negligent in the incident. Liability is determined by the degree to which the negligence caused the accident.

Liability

The objective of a Hoboken motor vehicle accident attorney crash claim is to seek compensation from the other party to compensate for injuries and losses caused by their negligence. Unless the injured victim lives in one of the states that operate under a no fault insurance system and a trucking accident lawsuit will require showing that a defendant's careless actions or inaction resulted in a collision and corresponding bodily injury.

An experienced lawyer can assist you in determining whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's responsibility in accordance with tort liability principles. This includes a defendant’s duty to the victim, defendant's violation of this duty direct and actual causation, and injuries.

A competent lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. The majority of automobile insurance policies include an affirmative guarantee of coverage to anyone operating the vehicle with the owner's permission subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as the potential for future losses to result from the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things such as medical expenses and lost income, while the latter is a way to compensate for more intangible things like suffering and pain. It is difficult to establish an amount in dollars for non-economic damages, such as mental distress and loss of enjoyment in life.

Your attorney will assist to determine your damages with a variety of methods. This may include hiring accident reconstruction experts who examine police reports, photos as well as witnesses' testimony and other evidence in order to reconstruct the accident.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. This will include estimates of future healthcare and support costs, wage projections and other financial considerations. These are vital to ensure that you are compensated fully for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence, determines the amount of fault an injured person can be held responsible for in a car accident. This is a major issue in a variety of cases and something your lawyer may have to prove.

Most states have a form of a comparative fault system that allows victims to receive compensation even if their share of the blame lies with an accident. However, the amount of their settlement will be reduced by the degree of fault. For instance, if an appeals court awards $100,000 for your injuries, and then determines that you're at 40 percent responsible, you will only receive $60,000.

There are two types of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks an injured party from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that adhere to this rule. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they are found to be 99 per cent responsible.

Statute of Limitations

In the majority of instances, a person injured who is injured in a car crash may file a lawsuit. These lawsuits must, however be filed within the statute of limitations or the claim of the victim is forever barred.

The statute of limitations does not have anything to do with whether or the insurance company of the defendant will settle the case. It is all about the initial incident that brought about the case, and the incident or accident which caused the injury. The exact time at which the clock starts to run is essential for complying with this important rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. In some cases this time frame can be shortened. If a child is involved, for example, the statute is paused until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18, typically two years after the accident. There are also exceptions and seasoned lawyers can help you understand the particulars.

Representation

We have years of experience advising and representing utilities and public entities in matters related to livonia motor vehicle accident lawsuit vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues concerning rates, service and charges.

We can assist you in determining the responsible parties in accidents involving motor vehicles and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as wrongful deaths.

Our commercial motor vehicle practice assists manufacturers, national leasing companies and national logistics companies regarding product liability and auto accident claims. We manage pre-suit evaluations and actively manage the discovery process. We also use trial-ready expertise to achieve a favorable client outcome which could be a summary decision or a favorable decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, and relocations.