freeport motor vehicle accident law firm Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury will determine this based on the evidence they are presented with.

To be held liable for personal injury the defendant must be negligent during the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The purpose of a motor accident claim is to obtain compensation from the other party to compensate for losses and injuries caused due to their negligence. Unless the injured victim lives in one of the few states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit requires that the negligence of a defendant or inaction caused a collision and the resulting bodily injury.

An experienced attorney can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's guilt based on tort liability principles. This includes a defendant’s obligation to the victim, the defendant's breach of this duty, direct and actual causation, and injuries.

A skilled lawyer can help analyze liability in situations in which the insured driver or owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies provide protection to those who operate the vehicle with the permission of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful riverdale motor vehicle accident lawsuit vehicle lawsuit will establish the damages suffered by plaintiff. This is typically done by providing detailed documentation of the out-of-pocket expenses that were incurred as well as future losses expected to arise from the injuries that were sustained. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income and the latter is for intangibles such as suffering and pain. It is often difficult to determine an exact amount to non-economic damages such as mental anxiety and the loss of enjoyment life.

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

Your attorney will also support your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial aspects. They are required to ensure that you're fully compensated for the loss you've suffered and will experience in the future.

Comparative Fault

In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the amount of fault the injured party is accountable for. In many cases, it's an important aspect that your lawyer will need to prove.

Most states implement some version of a a comparative blame rule that allows victims to seek compensation even if they share the blame for an accident. However, the amount of their settlement will be reduced according to their level of fault. If, for example a jury awards $100,000 for your injuries but finds that you're 40 percent responsible, you will only receive $60,000.

But the law is more complicated than that as there are two distinct kinds of modified rules of comparative fault. The first is the 50% bar rule. This prevents the injured party from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that are governed by this rule. The other variant is called pure comparative fault. It allows victims to seek damages even if they are found to be at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within the statute of limitations or else the victim's claim will be forever barred.

The statute of limitations does not have anything to do with whether or not an insurance company for the defendant will settle the case. It is all about the first incident that led to the case, the incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is crucial to ensure the compliance of this crucial rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. In certain cases this time frame can be reduced. If a child is involved, as in, the statute is paused until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18, usually two years after the incident. There are exceptions to this and experienced attorneys can advise on the specifics.

Representation

We have extensive experience representing utilities and public entities in matters relating to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We also represent transportation businesses like taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor car accident situation, we can determine the responsible parties and support you in your pursuit of compensation. Our firm also helps victims of car accidents and tractor-trailer accidents, including the wrongful deaths.

Our practice in commercial motor vehicles offers advice to national leasing companies and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and proactively manage the discovery process. We also use 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 truck, motorcycle and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.