Motor Vehicle Litigation
In most motor vehicle accident lawsuits, the plaintiff's damages are reduced by their percentage fault. This is determined by the jury on the basis of evidence presented to them.
To be held liable for injuries the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent to which negligence contributed to the accident.
Liability
The aim of a motor vehicle accident claim is to seek damages for the damage and losses caused by the negligence of a third party. If the injured party is not in one of the states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and the resulting bodily injury.
An experienced lawyer can assist you in determining whether the driver at fault or any other defendant is accountable 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, the defendant's violation of this duty direct and actual causation, and injuries.
Additionally, a skilled lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle may be the subject of an action. Most insurance policies for automobiles offer coverage to anyone who uses the vehicle with the approval of the owner, with certain exceptions. This analysis includes a review of CPLR SS 1602.
Damages
A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses which are incurred, and also the loss that is expected due to 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 compensation for more intangible issues like suffering and pain. It is difficult to determine an amount in dollars for non-economic losses, like mental suffering and loss of enjoyment.
motor vehicle accident attorneys missoula will assist in calculating your damages through the use of a variety of methods. This could include hiring accident reconstruction specialists who will examine police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.
Your attorney will also be able to support your claim by soliciting expert opinions which outline the economic and noneconomic effects of your injuries. This will include estimates of the cost for future care and assistance, wage projections and other financial aspects. These are essential to ensure you are compensated fully for any losses you've suffered and will continue to suffer in the future.
Comparative Fault
A system called comparative fault or contributory negligence, determines the amount of fault that an injured person is held responsible for a car crash. It's a crucial issue in many cases and something your lawyer may have to prove.
Most states implement some type of a comparative fault rule, which allows victims to seek compensation even if share in the blame for an accident. However, the amount of their settlement will be reduced based on their level of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you are at least 40 percent responsible, you'll only receive $60,000.
However, the law is much more complicated than that, as there are two distinct kinds of modified comparative fault rules. The one is known as the 50% bar rule, which bars the victim from claiming damages in cases where they are more than 50% at fault. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which allows victims to seek damages even if they are found to be 99 percent at fault.
Statute of Limitations
In most cases, an injured person in a car accident can bring a lawsuit. However, these lawsuits must, be filed within the prescribed time of limitations, or else the claim of the victim will be forever barred.
The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It is all about the event that initiated the case, and the incident or accident which caused the injury. Determining the exact time the clock begins to tick is vital for compliance with this important rule.
In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. This timeline may be shortened in certain circumstances, however. For example, in cases where minors are involved, the statute of limitations is paused until the child becomes free by marrying or turning 18 which is typically two years after the incident. Other exceptions exist and experienced lawyers can assist with the specifics.
Representation
We have years of experience representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including electricity, water and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and fees.
In a motor car accident case, we will help identify the responsible parties and support you in your pursuit of compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including fatalities caused by negligence.
Our practice in commercial motor vehicles offers advice to national leasing companies and national logistics companies on the subject of product liability and claims for automobile accidents. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready techniques to ensure the best possible client outcome whether it's a summary resolution or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, and relocations.