Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of fault. The jury will determine this according to the evidence they receive.

In order to be held liable for a personal injury the defendant must have been negligent during the incident. Liability is determined by the degree to which negligence contributed to the accident.

Liability

The purpose of a motor vehicle accident attorneys vehicle accident claim is to recover damages for damage and losses caused by the negligence of a third party. A lawsuit for an auto or trucking collision will require that the victim's claim be proven that the defendant's negligence or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can assist you in determining if the driver at fault or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's capacity to establish the liability of their defendant based on the principles of tort liability which include a defendant's obligation to the plaintiff, the breach of the duty, real and proximate causation and injuries.

Additionally, a competent lawyer can assist in determining the extent of liability in cases where the insured driver or owner of the vehicle could be involved in a lawsuit, too. Most insurance policies for automobiles provide an affirmative guarantee of coverage to anyone driving the vehicle with owner's permission with certain limitations. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle accident law firm vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically accomplished by providing detailed documentation of the expenses incurred out of pocket as well as future losses that are expected to arise as a result of the injuries sustained. These are referred to as economic or non-economic damages.

The former covers things such as medical expenses and lost income. The latter is compensation for things that are more intangible like suffering and pain. It is difficult to establish an amount of money on non-economic losses, like mental distress and loss of enjoyment.

Your attorney will assist you determine the amount of damages by using a variety methods. This includes hiring experts in reconstruction of accidents who review photos of the scene, police reports, witness testimony and other evidence to reconstruct how the accident occurred.

Your attorney will also bolster your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. This includes estimates of future healthcare and support costs, wage projections, and other financial considerations. These are essential to ensure that you're fully compensated for the loss you've incurred and be able to recover in the future.

Comparative Fault

In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's a crucial issue in a number of cases, and something your attorney may need to prove.

The majority of states have some kind of a comparative fault system that allows victims to be compensated regardless of their share of the blame is for an accident. The amount of compensation will be determined by the level of blame. For instance, if an appeals court awards $100,000 for your injuries, but determines that you are 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 rules out an injured person from receiving compensation if they're responsible for Motor Vehicle accident lawsuits more than 50%. This is the practice of a few states, including Colorado and Utah. Another variation, known as pure comparative negligence, allows victims to claim damages if they're found to be 99% responsible.

Statute of Limitations

In most instances, an individual who has been injured involved in a car accident may make a claim. These lawsuits must, however, be filed within a certain timeframe of limitations or [empty] the victim's claim will be barred forever.

The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It is all about the incident that led to the case, or 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, those injured in car accidents can have up to three years to make a personal injury claim. In some cases this time frame can be shortened. In cases where a minor is involved, for example the statute is put on hold until the child becomes emancipated, which can be accomplished by marrying or reaching the age of 18 usually two years after the accident. There are other exceptions and seasoned lawyers can provide advice on the specifics.

Representation

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

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

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics firms on car accidents and product liability claims. We handle pre-suit assessments as well as proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client whether that is through a the summary disposition or a favorable final decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues related to factory-dealer relations and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.