Motor Vehicle Litigation

In the majority of motor vehicle accident lawyers vehicle crash cases, the plaintiff's are reduced by the percentage of the fault. The jury will decide this in accordance with the evidence they are presented with.

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

Liability

The aim of a motor accident claim is to collect damages from the party who caused the injuries and losses that were caused due to their negligence. Unless the injured victim lives in one of the few states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must prove that a defendant's careless actions or inaction caused a collision and an injury to the body.

An experienced attorney can assist you in determining if the driver at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the breach by the defendant of the duty, causality that is actual and proximate, and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative provision of coverage to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses that are incurred, as well as the future loss anticipated due to the injuries sustained. These are known as non-economic and economic damages.

The former is for things like medical expenses and motor vehicle Accident lawyers lost income, while the latter pays for intangibles like pain and suffering. It is difficult to establish an amount in dollars for non-economic damages, such as mental suffering and loss of enjoyment.

Your attorney will assist in the calculation of your damages by making use of a variety of methodologies. This could include retaining accident reconstruction specialists who will examine police reports, photos witness statements, and other evidence to reconstruct the accident.

Your lawyer will also aid your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This will include estimates of the cost for future care and support, wage projections, and other financial factors. These are essential in order to ensure you're completely compensated for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

A system referred to as comparative fault - or contributory negligence, determines the extent to which an injured person is held responsible for in a car accident. It's a crucial issue in a lot of cases and something your attorney may be required to prove.

The majority of states have some form of a comparative fault rule, which allows victims to claim compensation even if they are a part of the blame for an accident. The amount of the settlement will be determined by the level of blame. If, for instance, a jury awards $100,000 for your injuries, and then determines that you're at 40% responsible, you will only receive $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is known as the 50 bar rule, which bars an injured party from claiming damages when they are more than 50% at fault. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault, which allows victims to recover damages even if found to be at fault.

Statute of Limitations

In the majority of instances, a person who is injured in a car crash is entitled to file a lawsuit against the person who caused the accident. However, these lawsuits must be filed within the timeframe of limitations or else the victim's claim is forever barred.

The statute of limitations has nothing to be concerned with whether or not the insurer of the defendant will settle or not, and everything to do with the triggering event that initiated the case-the incident or accident that caused the injury. Calculating the exact time that the clock starts to run is essential for complying with this important rule.

In New York, people who are hurt in car crashes generally have three years to make personal injury lawsuits. In certain cases the timeline may be shortened. In cases where a child is involved, as in the statute is put on hold until the child becomes legally emancipated. This can be accomplished by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions, and a skilled lawyer can advise on the specifics.

Representation

We have extensive experience providing advice and representation to public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as water, electricity and 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 identify the parties responsible and support you in the pursuit of compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as cases of wrongful deaths.

Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, as well as national logistics firms on car accidents and product liability claims. We handle pre-suit evaluations as well as proactively manage discovery. We utilize trial-ready expertise to ensure an optimal outcome for the client regardless of whether it is through the summary decision or a favorable final verdict. Our team regularly advises franchised motor vehicle accident attorney vehicle, motorcycle and truck dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, Motor vehicle accident lawyer as well as relocations.