Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are lowered by their percentage fault. This is determined by the jury on the basis of evidence presented to them.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. Liability is determined by the extent to which negligence contributed to the accident.

Liability

The goal of a motor vehicle accident law firm vehicle accident claim is to seek damages for damage and losses caused by negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the defendant's negligent acts or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine if the at-fault driver or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's guilt in accordance with tort liability principles. This includes a defendant’s obligation to the victim, defendant's failure to fulfill this duty, direct and real causation and injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle could be involved in lawsuits as well. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as the potential for future losses to result from the injuries sustained. These are known as economic and non-economic damages.

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

Your attorney will assist in the calculation of your damages through the use of a variety. This includes retaining experts in accident reconstruction who will look at images of the scene, police reports, motor vehicle accident law Firm witness testimony, and other evidence to reconstruct the circumstances of the crash.

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and noneconomic effects of your injuries. This includes cost estimates for future care and assistance along with wage projections and other financial aspects. These are essential in order to ensure you're fully compensated for any loss that you have suffered and continue to be afflicted in the future.

Comparative Fault

In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many cases, Motor vehicle accident law firm it's an important aspect that your lawyer must prove.

Most states have some form of a comparative fault law that allows victims to be compensated regardless of their share of the blame is for an accident. The amount of the settlement will be determined by the level of blame. For example the case where a judge awards you $100,000 for your injuries, but concludes that you're 40 percent in the wrong, you'd only receive $60,000.

However, the law is more complex than that because there are two distinct types of modified comparative fault rules. The one is known as the 50 bar rule, which bars an injured party from receiving damages in cases where they are more than 50 percent at the fault. It is followed by a few states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to claim damages if they are found to be 99% responsible.

Statute of limitations

In most instances, a person injured in a car accident can bring a lawsuit. These lawsuits must, however, be filed within the statute of limitations, or else the claim of the victim will be barred forever.

The statute of limitation has nothing to do whether or not an insurance company for the defendant will settle the case. It's focused on the primary event that initiated the case, the incident or accident which caused the injury. Determining the exact time the clock begins to tick is vital for 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. In some cases the timeline may be shortened. For instance, in cases where a minor is involved, the time limit for a lawsuit is suspended until the child is emancipated by getting married or turning 18 which typically takes two years after the incident. Other exceptions exist and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience advising and representing utilities and public entities on matters relating to Motor Vehicle Accident Law Firm vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, such as electricity, water and sewer services. We also represent transportation businesses like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor car accident case, we can help identify the responsible parties and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including death by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies on product liability and auto accident claims. We manage pre-suit assessment as well as proactively manage discovery. We apply trial-ready skills for an optimal client outcome, whether through an informal disposition or a favorable final decision. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.