Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage of fault. The jury will decide this in accordance with the evidence they are presented with.

To be held responsible for a personal injury, the defendant has to be negligent during the incident. Liability is determined by the extent to which negligence caused the accident.

Liability

The objective of a motor vehicle accident claim is to collect damages from the other party in exchange for injuries and losses caused by their negligence. A lawsuit arising out of an auto or trucking crash will require that the injured party prove that the defendant's negligent acts or inaction resulted in a collision and the resulting bodily injury.

An experienced attorney can assist you in determining the fault of the driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence based on tort liability principles. This includes a defendant's obligation to the victim, the defendant’s failure to fulfill this duty, actual and direct causation and injuries.

A skilled lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle is involved in a lawsuit. The majority of automobile insurance policies include an affirmative guarantee of coverage to anyone operating the vehicle with the owner's permission with certain limitations. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor motor vehicle accident Lawsuits vehicle lawsuit must prove the damages suffered by a plaintiff. This is typically accomplished by providing detailed documentation of expenses out of pocket and also future losses that are expected to arise from the injuries sustained. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost income, while the second is compensation for things that are more intangible like pain and suffering. Sometimes, it is difficult to determine an exact value to non-economic losses like mental distress and loss of enjoyment of life.

Your attorney will assist you in calculating your damages through the use of a variety of methods. This may include hiring experts in accident reconstruction who will look over police reports, photos as well as witnesses' testimony and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim with expert opinions that outline the economic and non-economic effects of your injuries. These will include estimates of future healthcare and support costs, wage projections, and other financial considerations. These are essential in order to ensure that you're fully compensated for the losses you've incurred and suffer in the future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many instances, it's a crucial aspect that your lawyer must prove.

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

There are two types 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 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault. It allows victims to claim damages even if they are found to be 99 % at fault.

Statute of limitations

In most cases, a person is injured in a car accident is allowed to file a lawsuit against the person who caused the accident. However the lawsuits must be filed within the time frame, known as the statute of limitations, or the victim's legal claim will be forfeited and barred forever.

The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It's all about the initial event that initiated the case, and the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to tick is vital for to ensure compliance with this important legal rule.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. In certain cases the timeframe can be reduced. For instance, in cases where minors are involved the time limit for a lawsuit is suspended until the child is free by marrying or motor vehicle accident lawsuits reaching age 18, which typically takes two years after the accident. There are other circumstances, and a seasoned attorney can offer advice on the particulars.

Representation

We have a wealth of experience representing utilities and public entities in matters involving motor vehicle accident law firms vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We also represent transportation companies including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.

We can assist you in determining the responsible parties for the cause of a motor vehicle crash and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include death by negligence.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready skills to obtain a favorable client outcome, be it a summary resolution or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, and relocations.