Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered based on their percentage fault. This is decided by the jury based on the evidence presented to them.

To be held accountable for a personal injury the defendant must have been negligent in the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The aim of a motor accident claim is to obtain compensation from the party who caused the injuries and losses caused by their negligence. Unless the injured victim lives 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 injuries to the body.

An experienced attorney can assist you in determining whether the driver at fault or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's responsibility based on tort liability principles. This includes a defendant's obligation to the victim, defendant's breach of this duty, direct and actual causation, and injuries.

A experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the owner of the vehicle could be the subject of lawsuits as well. The majority of insurance policies for automobiles provide coverage to anyone who uses the vehicle with the permission of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing a detailed account of the expenses incurred out of pocket and also future losses expected to result from the injuries sustained. These are referred to as economic or non-economic damages.

The former covers things such as medical expenses and lost earnings, while the latter is compensation for more intangible issues like suffering and pain. It is difficult to put the dollar value of the non-economic damage, such as mental distress and loss of enjoyment.

Your attorney will assist in formulating your damages with the use of a variety of methods. This could include hiring accident reconstruction specialists who will review police reports, photographs as well as witnesses' testimony and other evidence in order to reconstruct the crash.

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and noneconomic implications of your injuries. This will include estimates of future medical and support costs, wage projections and other financial factors. These are crucial in order to ensure you're fully compensated for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

A system referred to as comparative fault, also referred to as contributory negligence, determines how much fault an injured person could be held responsible for in a car accident. It's a key issue in a lot of cases and something that your attorney might be required to prove.

Most states implement some form of a comparative fault rule that allows victims to claim compensation even if they have a share of the blame in an accident. But the amount of their settlement will be reduced according to their degree of fault. For example If a jury awards you $100,000 for your injuries but finds you are 40 percent at fault, you would be awarded only $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is known as the 50% bar rule, which prohibits an injured party from claiming damages when they are more 50 percent at fault. This is the practice of certain states, such as Colorado and Utah. The other variant, called pure comparative negligence, allows victims to claim damages if they are found to be 99 percent responsible.

Statute of Limitations

In most instances, the person who was injured in a car accident can file a lawsuit. These lawsuits must, however be filed within a certain timeframe of limitations or else the victim's claim will be barred forever.

The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle or not, and it is all about the trigger event in the case, which is the incident or accident that led to the injury. Calculating the exact time that the clock starts to run is essential 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 certain cases the timeline may be reduced. If a child is involved, for example the statute is suspended until the child becomes liberated, which is achieved by marrying or reaching the age of 18 typically two years after the incident. There are other exceptions, and an experienced lawyer can advise on the particulars.

Representation

We have years of experience representing and advising utilities and public entities in 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 represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and fees.

We can help you determine the responsible parties for accidents involving Motor Vehicle Accident Law Firms vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases.

Our commercial motor vehicle practice advises manufacturers, national leasing companies and national logistics companies on the subject of product liability and claims for automobile accidents. We manage pre-suit evaluations and assist in the discovery process. We also employ trial-ready techniques to ensure an acceptable client outcome which could be a summary resolution or a favorable final verdict. Our team regularly advises franchised motor motor vehicle Accident law firms vehicle, motorcycle and truck dealers on factory-dealer issues. We also represent them in New motor vehicle accident lawsuit Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.