sealmelody82
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Motor Vehicle Litigation In the majority of motor vehicle collision lawsuits the plaintiffs damages are diminished by their percentage of fault This is determined by the jury based on evidence presented to them To be held accountable for an injury the defendant must be negligent at the time of the incident The amount of liability is determined by the amount of negligence that contributed to the accident Liability The goal of a motor accident claim is to seek damages for injuries and losses caused by negligence of another party Unless the victim is in one of the states that operate under a nofault system of insurance an automobile or trucking accident lawsuit requires that the negligence of a defendant or inaction caused a collision and corresponding bodily injury An experienced lawyer can help you determine whether the driver who caused the accident or another defendant is responsible for your losses The majority of auto accident cases rest on the plaintiffs ability to prove the defendants fault based on tort liability principles This includes a defendants obligation to the victim the defendants breach of this duty actual and direct causation and injuries A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle might be involved in an action The majority of insurance policies for automobiles include an affirmative grant of protection to anyone driving the vehicle with owners permission subject to certain exclusions This usually involves analyzing CPLR SS 1602 Damages A successful motor vehicle lawsuit must establish damages suffered by the plaintiff motor vehicle accident law firm vista is usually done by providing detailed documentation on outof pocket expenses which are incurred and also future losses that are expected as a result of the injuries sustained These are known as economic and noneconomic damages The former is for things like medical expenses and lost income while the latter pays for intangibles like suffering and pain Oftentimes it can be difficult to assign a precise value to noneconomic losses such as mental anxiety and loss of enjoyment of life Your attorney will assist you in the calculation of your damages by making use of a range of techniques This may include retaining accident reconstruction experts who look over police reports photos as well as witnesses testimony and other evidence to reconstruct the accident Your lawyer will also support your claim with expert opinions detailing the economic and noneconomic consequences of your injuries These will include estimates of the future costs of care and support costs wage projections and other financial considerations They are crucial to ensure that you are fully compensated for any losses you have suffered and will continue to suffer in the future Comparative Fault A system called comparative fault also referred to as contributory negligence defines the amount of fault an injured person can be accountable for in a car accident Its a key issue in many cases and something your lawyer may have to prove Most states implement some type of a comparative fault rule that allows victims to seek compensation even if share in the blame for an accident The amount of compensation will be based on the level of blame If for instance a jury awards 100000 for your injuries but decides that you are 40 percent responsible youll only receive 60000 However the law is much more complex than that since there are two distinct forms of modified comparative fault rules The first is referred to as the 50 bar rule which blocks the victim from receiving damages when they are more 50 at fault It is a rule that is followed by certain states such as Colorado and Utah Another variation known as pure comparative negligence permits victims to recover damages if they are found to be 99 at fault Statute of limitations In most situations a person is injured in a car crash is legally entitled to file a lawsuit against the party who caused the accident However these lawsuits must be filed within a certain timeframe known as the statute of limitations or the claim of the victim is forfeited and barred for life The statute of limitations has nothing to do whether or whether an insurance company representing the defendant will settle the case Its all about the first event that initiated the case the incident or accident which caused the injury Therefore calculating exactly when the clock begins to tick is essential for the proper application of this important legal rule In New York people who are hurt in car crashes generally have three years to bring personal injury lawsuits This time frame can be reduced in some circumstances however For instance in cases where minors are involved the statute of limitations is paused until the child becomes fully emancipated through marriage or turning 18 which is usually two years following the accident There are other exceptions and a knowledgeable attorney can give advice on the specifics Representation We have extensive experience providing advice and representation to public agencies and utilities in relation to motor vehicle litigation Our clients include local and county governments state and federal agencies that oversee fixed public utilities such as water electricity and sewer services We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues involving rates service and fees We can help you determine the responsible parties in an accident involving a motor vehicle and help you pursue compensation Our firm also helps victims of car accidents and tractortrailer crashes as well as wrongful deaths Our commercial motor vehicle practice offers advice to manufacturers national leasing companies and national logistics companies about the liability of their products and automobile accidents claims We handle presuit assessments manage discovery in a proactive manner and utilize trialready expertise to ensure an optimal client outcome whether that is through a the summary resolution or a favorable final verdict Our team advises franchised motor vehicles motorbikes truck dealers and motorcycles on issues related to factorydealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs as well as relocations
