Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages are reduced by the percentage of fault. This is decided by jurors based on evidence presented to them.

To be held responsible for personal injuries, the defendant has to have been negligent in the incident. The amount of liability is determined by the extent of negligence that led to the incident.

Liability

The goal of a motor vehicle accident attorney accident claim is to seek damages for the damages and injuries caused by negligence of another party. Unless the victim is in one of the states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit will require showing that the defendant's negligent actions or inaction caused a collision with an injury to the body.

An experienced attorney can help you determine whether the driver at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's fault using tort liability principles. This includes a defendant’s obligation to the victim, a defendant's breach of this duty, direct and immediate causation as well as injuries.

A skilled lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle may be involved in an action. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the approval of the owner, subject to certain exceptions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses and the future loss expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter compensates for intangibles, such as pain and suffering. It can be difficult to assign a precise dollar value to damages that are not economic such as mental anguish and loss of enjoyment life.

Your attorney will assist in formulating your damages with the use of a variety of methodologies. This may include retaining accident reconstruction specialists who will review police reports, photographs and witnesses' statements, and other evidence in order to reconstruct the crash.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. These will include estimates of costs for the future of care and support, wage projections and other financial factors. This is necessary to ensure you are fully compensated for the losses you have incurred and will encounter in the near future.

Comparative Fault

A system known as comparative fault or contributory negligence - determines the extent to which an injured person can be accountable for a car crash. In many instances, it's a crucial issue that your lawyer must prove.

Many states have a type of comparative fault rule which allows victims to receive compensation even if a portion of the blame is for an accident. However, the amount of their settlement will be reduced based on their degree of fault. If, for instance, an appeals court awards $100,000 for your injuries, and then determines that you're at 40 percent responsible, you'll only receive $60,000.

There are two kinds of modified comparative-fault rules. The first is the 50 bar rule. This prevents an injured party from receiving compensation if they are at fault 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 seek damages in the event that they're found to be 99 percent at fault.

Statute of Limitations

In the majority of instances, the person who was injured who is injured in a car crash may file a lawsuit. However, these lawsuits must, be filed within the timeframe of limitations, or else the claim of the victim is forever barred.

The statute of limitations does not affect whether or whether an insurance company for the defendant will settle the case. It is focused on the primary incident that led to the case, or the incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is crucial for compliance with this important rule.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. This time frame can be reduced in some circumstances, however. For example, in cases where a minor is involved the statute of limitations is paused until the child becomes fully emancipated through marriage or reaching age 18, which is typically two years after the incident. There are exceptions to this and experienced lawyers can help you understand the particulars.

Representation

We have a wealth of experience representing public entities and utilities in matters related to Motor Vehicle Accident Law Firm vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities, such as electric, gas, and water/sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and charges.

We can help you determine the parties responsible for an accident involving a motor vehicle and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle accidents vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies regarding product liability and automobile accidents claims. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready expertise to achieve the best possible client outcome, be it a summary decision or a favorable final decision. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.