Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will determine this according to the evidence presented to them.
To be held liable for injuries the defendant must have been negligent at the time of the incident. motor vehicle accident law firm colorado of liability is determined by the extent to which negligence contributed to the accident.
Liability
The purpose of a motor vehicle accident claim is to collect damages for injuries and losses caused by the negligence of another party. A lawsuit for an automobile or trucking crash will require that the victim's claim be proven that the negligent actions of the defendant or inaction caused a collision and the bodily injury that resulted from it.
An experienced lawyer can help you determine if the at-fault driver or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability 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, actual and direct causation and injuries.
A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle may be involved in a lawsuit, too. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the consent of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically accomplished by providing a detailed record of the expenses incurred out of pocket and also future losses that are expected to arise due to the injuries that were 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 compensation for more intangible issues like pain and suffering. It is difficult to determine a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment in life.
Your lawyer will help you determine the amount of damages by using a variety methods. This may include hiring accident reconstruction experts who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the crash.
Your lawyer will also strengthen your claim with expert opinion that outline the economic and non-economic consequences of your injuries. These will include estimates of costs for future care and support, wage projections and other financial aspects. They are required to ensure that you are fully compensated for losses that you have suffered and be able to recover in the future.
Comparative Fault
A system referred to as comparative fault or contributory negligence - defines the amount of fault that an injured party can be held responsible for in a car accident. In many cases, it's an important issue that your attorney will have to prove.
Most states have a form of comparative fault rule that allows victims to receive compensation even if a portion of the blame is attributed to an accident. The amount of compensation will be determined by the degree of fault. For instance, if a jury awards you $100,000 for your injuries but finds you are 40 percent in the wrong, you'd only get $60,000.
However, the law is more complicated than that, as there are two distinct forms of modified rules of comparative fault. The first is known as the 50% bar rule, which blocks the victim from claiming damages when they are more 50% at the fault. It is a rule that is followed by a few states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to claim damages even if they are found to be 99 percent at fault.
Statute of limitations
In most instances, the person who was injured involved in a car accident may sue. However they must be filed within a specified period of time, also known as the statute of limitations or the victim's legal claim is forfeited and barred for life.
The statute of limitations does not have anything to be concerned with whether or not the defendant's insurance company will settle the case, and everything to do with the trigger event in the case-the accident or incident that caused the injury. Calculating the exact time that the clock begins to tick is vital for compliance with this important rule.
In New York, those injured in car accidents have up to three years to file a personal injury lawsuit. In some cases this time frame can be shortened. In cases where a minor is involved, such as the statute is put on hold until that child is liberated, which is achieved by marriage or at the age of 18, usually two years after the accident. Other exceptions exist, and experienced attorneys can assist with the specifics.
Representation
We have years of experience representing public entities and utilities in matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as electricity, water, 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 parties responsible and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including wrongful deaths.
Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies regarding product liability and auto accident claims. We manage pre-suit evaluations and proactively manage the discovery process. We also use trial-ready skills to obtain the best possible client outcome whether it's a summary disposition or favourable final decision. Our team of lawyers advises franchised motor vehicles motorbikes, truck dealers and motorcycles on issues related to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.