Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury decides this on the basis of the evidence they are presented.

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

Liability

The aim of a motor vehicle accident claim is to obtain compensation from the party who caused the losses and injuries caused through their negligence. Unless the injured person lives in one of the few states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit requires that the defendant's negligent actions or failure to act caused a collision and injuries to the body.

An experienced attorney can help you determine whether the at-fault driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's responsibility by relying on tort liability rules. This includes a defendant's duty to the victim, a defendant's breach of this duty, direct and actual causation, and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of insurance policies for automobiles include an affirmative grant of coverage for anyone who is operating the vehicle with owner's permission with certain limitations. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses which are incurred, and also the loss that is expected as a result of the injuries suffered. These are referred to as economic and noneconomic damages.

The former covers things such as medical bills and lost earnings, while the latter is a way to compensate for things that are more intangible like pain and suffering. It is difficult to put the dollar value of the non-economic damage, such as mental distress and loss of enjoyment in life.

Your attorney will assist in calculating your damages through the use of a variety of methods. This includes retaining accident reconstruction experts who will review photographs of the scene police reports, witness testimony, and other evidence to determine how the crash occurred.

Your attorney will also bolster your claim with expert opinions that outline the economic and non-economic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial considerations. They are crucial to ensure that you're fully compensated for any losses you've suffered and continue to experience in the near future.

Comparative Fault

A system called comparative fault or contributory negligence - determines the amount of fault that an injured person is accountable for in a car accident. It's a crucial issue in a lot of cases and something your attorney may be required to prove.

Many states have a type of comparative fault rule that allows victims to be compensated even if their share of the blame is attributed to an accident. The amount of the settlement will be based on their level of responsibility. For instance, if a jury awards $100,000 for your injuries but finds that you're 40 percent responsible, you will only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. Another variation, known as pure comparative negligence, permits victims to claim damages if they are found to be 99% at fault.

Statute of Limitations

In most cases, a person who is injured in a car crash is entitled to file a lawsuit against the person who caused the accident. However these lawsuits must be filed within a certain period of time, also known as the statute of limitations, or the claim of the victim is deemed to be void and barred forever.

The statute of limitations does not affect whether or whether an insurance company for the defendant will settle the case. It is all about the event that initiated the case, whether it was an incident or accident that caused the injury. Therefore, calculating exactly when the clock starts to tick is vital for to ensure compliance with this important legal requirement.

In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In certain cases the timeline may be reduced. In cases where a child is involved, for instance, the statute is paused until that child is free, which is achieved by marrying or reaching the age of 18 typically two years after the accident. There are exceptions to this, and experienced attorneys can assist with the specifics.

Representation

We have extensive experience in representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities like electric, water and gas services. We also represent transportation organizations, such as taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor vehicle accident situation, we can determine the responsible parties and assist you in your quest for compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on the subject of product liability and motor vehicle Accident automobile accident claims. We manage pre-suit assessment and proactively manage the discovery process. We also employ trial-ready skills to obtain the best possible client outcome whether it's a summative decision or a favorable final verdict. Our team of lawyers advises franchised motor vehicle accident attorneys vehicles, motorcycles and truck dealers regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.