Don't Forget Motor Vehicle Compensation: 10 Reasons Why You Don't Have It

Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. The jury decides this based on the evidence they receive.

To be liable for an injury, the defendant must have been negligent at the time of the incident. The degree of liability is determined by degree of negligence that contributed to the accident.

motor vehicle accident attorneys syracuse  of a motor vehicle accident claim is to seek damages for the damage and losses caused by the negligence of a third party. Unless the injured person lives in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must prove that the negligent act of a defendant or failure to act caused a collision with corresponding bodily injury.

An experienced lawyer can help you determine whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's negligence by relying on tort liability rules. This includes a defendant’s obligation to the victim, defendant's infraction of this duty, direct and immediate causation as well as injuries.

A knowledgeable lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle are involved in a lawsuit. Most automobile insurance policies contain an affirmative insurance to anyone operating the vehicle with owner's permission but subject to certain restrictions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket incurred, as well as the future loss expected as a result of the injuries 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 like pain and suffering. It is difficult to determine the dollar value of non-economic damages, such as mental distress and loss of enjoyment.

Your attorney will assist you calculate your damages with a variety of methods. This could include hiring accident reconstruction experts who examine police reports, photos and witnesses' statements, and other evidence to reconstruct the crash.

Your lawyer will also help your claim by getting expert opinions that detail the economic and noneconomic implications of your injuries. This includes estimates of future care and support costs, wage projections and other financial factors. These are necessary in order to ensure that you're fully compensated for losses that you have suffered and encounter in the near future.

Comparative Fault

A system referred to as comparative fault or contributory negligence determines the amount of fault an injured person can be accountable for a car crash. It's a key issue in many cases and something your attorney may have to prove.

Most states have a form of comparative fault rule that allows victims to receive compensation even if their share of the blame lies with an accident. The amount of compensation will be determined by their degree of fault. For instance the case where a judge will award you $100,000 for injuries, but determines that you're 40% at fault, you will receive only $60,000.

However, the law is much more complex than that since there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they are responsible for more than 50 percent. It is followed by certain states, such as Colorado and Utah. Another variant is pure comparative fault, which allows victims to recover damages even if they are found to be 99 % at fault.

Statute of limitations

In the majority of instances, the person who was injured in a car accident can sue. However, these lawsuits must be filed within a specific time frame, known as the statute of limitations or the victim's legal claim will be barred and forfeited for life.

The statute of limitations does not affect whether or whether an insurance company for the defendant will settle the case. It's all about the initial event that triggered the case, whether it was an incident or accident that caused the injury. Determining the exact time the clock starts to tick is vital for compliance with this important rule.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. For instance, in cases where minors are involved the statute of limitations is paused until the child becomes emancipated by getting married or reaching age 18, which typically takes two years following the accident. There are other exceptions, and a skilled attorney can offer advice on the particulars.

Representation

We have a wealth of experience in advising and representing public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We also represent transportation organizations like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle crash instance, we are able to identify the responsible parties and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies regarding auto accidents and product liability claims. We manage pre-suit assessment and proactively manage the discovery process. We also use trial-ready skills to obtain an outcome that is favorable to the client, be it a summary resolution or a favorable final verdict. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues relating to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.