Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. The jury will make this decision based on the evidence they are presented with.

To be held liable for a personal injury, the defendant has to be negligent during the incident. Liability is based on the degree to which the negligence caused the accident.

Liability

The aim of a motor vehicle accident claim is to recover damages for damages and injuries caused by negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the victim of the accident prove that the defendant's negligence or failure to act led to a collision, and the resulting bodily injury.

An experienced lawyer can assist you in determining if the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's capacity to prove their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's breach of this duty, the real and proximate causation and injuries.

Additionally, a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or owner of the vehicle might be involved in lawsuits as well. The majority of automobile insurance policies include an affirmative insurance to anyone operating the vehicle under the owner's permission with certain limitations. This analysis consists of a thorough review of CPLR SS 1602.

Damages

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

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles like pain and suffering. Oftentimes, it can be difficult to assign an exact dollar value to non-economic damages such as mental anxiety and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages by making use of a range of techniques. This includes retaining accident reconstruction experts who will look at photographs of the scene police reports, witness testimony, .pineoxs.a.pro.wanadoo.fr and other evidence to help reconstruct the way in which the accident took place.

Your lawyer will also support your claim with expert opinion detailing the economic and other consequences of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial factors. These are essential to ensure you are fully compensated for losses you've incurred and encounter in the near future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the amount of fault the injured party is accountable for. It's a key issue in many cases and something your lawyer may be required to prove.

Many states have a type of a comparative fault system that allows victims to receive compensation even if their share of blame is an accident. However, the amount they receive in settlement will be reduced based on their level of blame. For instance, if the jury awards $100,000 for your injuries, and then determines that you are at least 40% responsible, you will only receive $60,000.

There are two kinds of modified comparative-fault rules. The first is the 50% bar rule. This bar rule blocks an injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other variant is called pure comparative fault, which permits victims to recover damages even if found to be 99 percent at fault.

Statute of limitations

In the majority of situations, a person is injured in a car crash is entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within a certain period of time, also known as the statute of limitations, or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitations does not have anything to do with whether or not an insurance company for the defendant will settle the case. It is all about the incident that brought about the case, the incident or accident which caused the injury. Determining the exact time the clock begins to tick is crucial to ensure the compliance of this crucial rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. This timeline may be shortened in certain situations, however. For example, in cases where a minor is involved, the statute of limitations is suspended until the child is legally emancipated after marriage or reaching age 18, which is typically two years following the accident. There are other exceptions and experienced lawyers can help you understand the particulars.

Representation

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

In a motor car accident instance, we are able to identify the parties responsible and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include the wrongful deaths.

Our commercial motor vehicle practice advises manufacturers, national leasing companies, and national logistics companies regarding product liability and auto accident claims. We handle pre-suit assessments and proactively manage the discovery process. We also apply trial-ready expertise to achieve an acceptable client outcome which could be a summary disposition or favourable final decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.