Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are reduced by their percentage fault. The jury will make this decision according to the evidence they receive.

To be held accountable for an injury, the defendant must be negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the accident.

Liability

The goal of a motor vehicle accident claim is to obtain compensation from the other party to compensate for losses and injuries caused through their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system, an automobile or trucking accident lawsuit must demonstrate that the defendant's negligent actions or failure to act caused a collision with injuries to the body.

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

Additionally, a experienced lawyer can assist with determining liability in situations where the insured driver or the owner of the vehicle could be involved in lawsuits as well. Most automobile insurance policies grant coverage to any person who drives the vehicle with the consent of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses which are incurred, and also the future loss anticipated due to the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles, such as suffering and pain. Sometimes, it is difficult to assign an exact amount to non-economic damages like mental stress and the loss of enjoyment life.

Your lawyer will assist you calculate your damages using a variety methods. This may include hiring accident reconstruction experts who look over police reports, photos witness statements, and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial considerations. This is necessary in order to ensure that you're fully compensated for losses that you have suffered and encounter in the near future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the degree of fault an injured person is responsible for. In many instances, it's a crucial issue that your attorney will have to prove.

The majority of states have some kind of a comparative fault law that allows victims to be compensated even if a portion of the blame is for an accident. However, the amount of their settlement will be lowered by their level of fault. For instance, if a jury awards $100,000 for your injuries, but decides that you are 40% responsible, you will only receive $60,000.

There are two distinct types of modified comparative-fault rules. The second is known as the 50 bar rule, which prohibits an injured party from receiving damages when they are more 50% at fault. It is used by some states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to seek damages in the event that they are found to be 99 percent at fault.

Statute of Limitations

In most instances, a person injured involved in a car accident may sue. However, these lawsuits must, be filed within the prescribed time of limitations or else the claim of the victim will be forever barred.

The statute of limitations does not have anything to have anything to do with whether the defendant's insurance company will settle the case, and everything to do with the trigger event in the case - the incident or accident that caused the injury. Determining the exact time the clock starts to run is essential for compliance with this important rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. In some instances this time frame can be reduced. In cases where a child is involved, for example the statute is suspended until the child becomes free, which is achieved by marriage or at the age of 18, usually two years after the incident. There are other exceptions and experienced lawyers can advise on the specifics.

Representation

We have extensive experience consulting and representing public entities and utilities in matters relating to motor vehicle accident lawsuits vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like 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.

In a motor vehicle accident lawyers [why not check here] car accident case, we will help identify the parties responsible and assist you in the pursuit of compensation. Our firm assists victims of tractor-trailer accidents and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics companies regarding car accidents and product liability claims. We manage pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal outcome for the client, whether through an informal decision or a favorable final verdict. Our team advises franchised motor vehicles and motor vehicle accident lawyers motorcycle dealers on issues related to factory-dealer relationships. We also represent them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.