Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury will make this decision according to the evidence they are presented with.

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

Liability

The purpose of a vehicle accident claim is to recover damages for the injuries and losses caused by negligence of another party. If the injured party is not in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must demonstrate that the negligence of a defendant or inaction caused a collision with an injury to the body.

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

Additionally, a experienced lawyer can assist with determining liability in situations where the insured driver or the owner of the vehicle might be involved in an action. Most insurance policies for automobiles provide an affirmative guarantee of coverage for anyone who is 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 Attorney vehicle lawsuit needs to establish damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses which are incurred, and also future losses that are expected as a result of the injuries sustained. These are referred to as non-economic and economic damages.

The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles such as pain and suffering. It is difficult to quantify an amount of money on non-economic losses, like mental distress and loss of enjoyment in life.

Your attorney will assist you in the calculation of your damages by making use of a variety of methodologies. This may include hiring accident reconstruction experts who will review police reports, photographs witness statements, and other evidence in order to reconstruct the accident.

Your attorney will also help to support your claim with expert opinion detailing the economic and other impacts of your injuries. This includes cost estimates for the future of care and support along with wage projections and other financial aspects. These are essential to ensure that you're fully compensated for any loss you've suffered and will continue to suffer in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - defines the amount of fault that an injured person can be held responsible for in a car accident. In many instances, it's a crucial issue that your attorney will need to prove.

The majority of states have some kind of comparative fault rule that allows victims to be compensated regardless of whether their part of the blame lies with an accident. The amount of compensation will be determined by their level of responsibility. For instance, if an award of $100,000 is made by a jury for your injuries but finds that you're at 40 percent responsible, you'll only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50 bar rule, which bars an injured party from receiving damages when they are more 50 percent at the fault. It is used by several states, including Colorado and Utah. The other variant is called pure comparative fault, which permits victims to seek damages even if found to be 99 % at fault.

Statute of limitations

In the majority of instances, the person who was injured in a car crash can bring a lawsuit. However, these lawsuits must be filed within a certain time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred forever.

The statute of limitations has nothing to have anything to do with whether the insurer of the defendant will settle or not, and everything to do with the initial triggering event in the case - the incident or accident that caused the injury. The exact time at which the clock starts to tick is crucial for compliance with this important rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. In certain instances this time frame can be reduced. If a child is involved, as in the statute is stopped until the child is emancipated, which can be attained by marriage or when they reach the age of 18, typically two years after the incident. There are other circumstances, and a seasoned attorney can offer advice on the particulars.

Representation

We have significant experience as a consultant and advocate for public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as electric, gas and water/sewer services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and fees.

In a motor vehicle accident law firm vehicle crash case, we will help determine the responsible parties and assist you in your pursuit of compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicle accident attorneys vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies on product liability and automobile accidents claims. We manage pre-suit assessments, manage discovery in a proactive manner and apply trial-ready techniques to ensure an optimal client outcome whether that is through a an informal disposition or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranties and incentive audits, as well as relocations.