Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of 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. The degree of liability is determined by the degree to which negligence contributed to the accident.

Liability

The aim of a motor vehicle accident claim is to collect damages from the other party for damages and injuries caused through their negligence. A lawsuit for a car or trucking crash requires that the injured party prove that the negligent actions of the defendant or inactions caused a collision and the bodily injuries that resulted.

An experienced attorney can help you determine whether the driver at fault or any other defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's capacity to demonstrate the liability of their defendant on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the breach of this duty, actual and proximate cause, and injuries.

Additionally, a experienced lawyer can assist with analyzing liability in situations where the insured driver or owner of the vehicle could be involved in lawsuits as well. The majority of automobile insurance policies include an affirmative guarantee of protection to anyone driving the vehicle with owner's permission but subject to certain restrictions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle accident law firm vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is usually done by providing detailed information on the expenses out of pocket and the future loss expected due to the injuries sustained. These are referred to as economic or noneconomic damages.

The former covers things like medical bills and lost income while the latter is compensation for more intangible issues like suffering and pain. It is difficult to put a dollar amount on non-economic damages, such as mental distress and loss of enjoyment.

Your lawyer will help to calculate the damages you have suffered through a variety of ways. This could include retaining accident reconstruction experts who analyze photos, police reports witness statements, and other evidence in order to reconstruct the accident.

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This will include estimates of the future costs of care and support costs, motor Vehicle Accident wage projections and other financial aspects. They are crucial to ensure that you are compensated fully for motor vehicle accident any losses you've suffered and will continue to suffer in the future.

Comparative Fault

A system known as comparative fault or contributory negligence - determines the extent to which an injured party can be accountable for a car crash. In many cases, it's an important issue that your attorney must prove.

The majority of states have some form of a comparative fault rule, which allows victims to pursue compensation even if they share the blame for an accident. However, the amount they receive in settlement will be lowered by their level of blame. If, for instance, an appeals court awards $100,000 for your injuries, but determines that you are at least 40 percent at fault, you'll only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The first is referred to as the 50% bar rule, which bars the victim from receiving damages when they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. Another variant is pure comparative fault, which allows victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In the majority of cases, an injured person in a car accident can file a lawsuit. However the lawsuits must be filed within the period of time, also known as the statute of limitations or the victim's legal claim will be forfeited and barred for ever.

The statute of limitations is not a factor in whether or not an insurance company for the defendant will settle the case. It's focused on the primary incident that brought about the case, and the incident or accident that caused the injury. Calculating the exact time that the clock starts to tick is crucial for the compliance of this crucial rule.

In New York, people who are hurt in car crashes generally have three years to bring personal injury lawsuits. In certain cases the timeframe can be reduced. For instance, in situations where a minor is involved the time limit for a lawsuit is suspended until the child becomes emancipated by getting married or reaching age 18, which is usually two years after the incident. There are also exceptions and experienced attorneys can help you understand the particulars.

Representation

We have a wealth of experience in consulting and representing public entities and utilities in matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities like gas, electric and water/sewer services. We also represent transportation entities including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases involving rates, fees and service.

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

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and proactively manage the discovery process. We also apply trial-ready skills to achieve an acceptable client outcome whether it's a summative resolution or a favorable final decision. Our team regularly counsels franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, and relocations.