Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuit vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. This is determined by the jury on the basis of evidence presented to them.

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

Liability

The goal of a motor accident claim is to seek compensation from the party who caused the damages and injuries caused by their negligence. Unless the injured victim lives in one of the states that operate under a no-fault system of insurance and a trucking accident lawsuit must demonstrate that the negligent act of a defendant or inaction resulted in a collision, and injuries to the body.

An experienced lawyer can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's responsibility by relying on tort liability rules. This includes a defendant's obligation to the victim, a defendant's violation of this duty direct and immediate causation as well as injuries.

A skilled lawyer can also help analyze liability in situations in which the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically done by providing thorough information on the expenses out of pocket that are incurred, as well as future losses that are anticipated due to the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income. The latter is a way to compensate for things that are more intangible like pain and suffering. It is difficult to establish a dollar amount on non-economic losses, like mental distress and loss of enjoyment in life.

Your lawyer will assist in calculating your damages through the use of a variety of methodologies. This could include hiring accident reconstruction experts who will examine police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim with expert opinions detailing the economic and other impacts of your injuries. This will include cost estimates for care and support in the future, wage projections, and other financial aspects. This is necessary to ensure you are fully compensated for the loss you've suffered and will encounter in the near future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - defines the extent to which an injured person is held responsible for in a car accident. This is a major issue in many cases and one that your attorney could be required to prove.

Most states implement some form of a comparative fault rule that allows victims to seek compensation even if share in the blame for an accident. However, the amount of their settlement will be reduced by their degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, and then determines that you are 40 percent responsible, you'll only receive $60,000.

However, the law is much more complex than that as there are two distinct forms of modified comparative fault rules. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they're at fault for more than 50%. Colorado and Utah are two states that follow this rule. Another variation, known as pure comparative negligence, permits victims to seek damages if they're found to be 99 percent at fault.

Statute of limitations

In most cases, a person is injured in a car accident is eligible to file a claim against the party who caused the accident. However, these lawsuits must be filed within the statute of limitations, or else the claim of the victim is 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's focused on the primary incident that led to the case, whether it was an incident or accident that caused the injury. Calculating the exact time that the clock begins to tick is crucial for the compliance of this crucial rule.

In New York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. In some cases this time frame can be reduced. For example, in cases where minors are involved the limitation period is paused until the child becomes fully emancipated through marriage or turning 18 which typically takes two years following the accident. Other exceptions exist, and experienced attorneys can advise on the specifics.

Representation

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

We can assist you in determining the responsible parties for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies on product liability and motor vehicle accident law Firm auto accident claims. We handle pre-suit evaluations as well as proactively manage discovery. We apply trial-ready skills for an optimal outcome for the client regardless of whether it is through an informal resolution or a favorable final decision. Our team regularly counsels franchised Motor Vehicle Accident Law Firm truck, motorcycle and vehicle dealers on factory-dealer issues. We also represent them in New Motor Motor Vehicle accident law firm Vehicle Board protests that involve terminations of dealerships, the addition of points as well as warranty and incentive audits, and relocations.