Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. This is decided by the jury based on evidence presented to them.

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

Liability

The purpose of a motor crash claim is to seek compensation from the other party to compensate for injuries and losses that were caused through their negligence. A lawsuit for an auto or trucking collision will require that the injured victim prove that the defendant's negligent actions or inactions caused a collision and the bodily injuries that resulted.

An experienced attorney can help you determine if the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases hinge on the plaintiff's ability to demonstrate the liability of their defendant on the tort liability standard and include a defendant's duty to the plaintiff, the defendant's breach of this duty, the actual and proximate causation, and injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit as well. Most automobile insurance policies contain an affirmative grant of coverage for anyone who is operating the vehicle with the owner's permission subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuit vehicle lawsuit will prove the damages sustained by plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses that are incurred, as well as future losses that are expected due to the injuries suffered. 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 suffering and pain. It is often difficult to determine a specific amount to non-economic damages like mental stress and loss of enjoyment of life.

Your lawyer will help to determine your damages using a variety methods. This includes retaining experts in the field of accident reconstruction who analyze photographs of the scene police reports, witness testimony, and other evidence to determine the way in which the accident took place.

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections, and other financial factors. They are crucial in order to ensure you're fully compensated for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

In a car wreck, a system called comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. It's a key issue in a number of cases, and something your lawyer may be required to prove.

Many states have a type of comparative fault rule which allows victims to be compensated regardless of their share of the blame is for an accident. However, the amount they receive in settlement will be reduced according to their level of fault. If, for motor vehicle accident law firms instance, the jury awards $100,000 for your injuries, and then determines that you're 40 percent responsible, you'll only receive $60,000.

There are two distinct kinds of modified comparative fault rules. The first is the 50% bar rule. This rule prevents an injured person from receiving compensation if they're at fault for more than 50 percent. It is used by several states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to claim damages if they're found to be 99 percent responsible.

Statute of limitations

In most cases, an injured person in a car accident can bring a lawsuit. These lawsuits must, however be filed within a certain timeframe of limitations or the claim of the victim will be forever barred.

The statute of limitations has nothing to do with whether or not the insurer of the defendant will settle or not, and everything to do with the trigger event that started the case-the incident or accident that caused the injury. Determining the exact time the clock begins to tick is crucial to ensure compliance with this important rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. This timeline may be shortened in certain situations, however. For example, in cases where a minor is involved, the statute of limitations is paused until the child is emancipated by getting married or turning 18 which is typically two years after the accident. There are other circumstances, and a seasoned attorney can provide advice on the particulars.

Representation

We have extensive experience providing advice and representation to public agencies as well as utilities on issues related to motor vehicle Accident law firms vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We represent transportation companies like limousines and taxicabs in the Public Utilities Commission on issues involving rates, service and fees.

We can assist you in determining the parties responsible for a motor vehicle accident and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as wrongful deaths.

Our commercial motor vehicle practice advises manufacturers, national leasing companies and national logistics companies regarding product liability and automobile accident claims. We manage pre-suit evaluations and assist in the discovery process. We also use trial-ready expertise to achieve a favorable client outcome which could be a summary disposition or favourable final verdict. Our team counsels franchised motor vehicles as well as truck dealers on issues relating to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.