Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. The jury will determine this on the basis of 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 by the degree of negligence which contributed to the incident.

Liability

The purpose of a accident claim is to collect damages for damage and losses caused by the negligence of a third party. A lawsuit for an automobile or trucking accident will require that the injured party prove that the defendant's negligent actions or inaction led to a collision, and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the driver at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's capacity to demonstrate the liability of their defendant on the principles of tort liability which include a defendant's obligation to the plaintiff, the breach by the defendant of the duty, actual and proximate causation, and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle may be involved in an action. Most automobile insurance policies contain an affirmative grant of insurance to anyone operating the vehicle with owner's permission but subject to certain restrictions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawyers vehicle lawsuit must establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing a detailed record of the expenses incurred out of pocket and also future losses expected to arise from the injuries suffered. These are known as economic and noneconomic damages.

The former covers things like medical expenses and lost income, Motor Vehicle Accidents while the latter pays for intangibles, such as pain and suffering. It can be difficult to determine the dollar value of the non-economic damage, such as mental distress and loss of enjoyment.

Your lawyer will assist to calculate the damages you have suffered with a variety of methods. This includes retaining experts in accident reconstruction who will analyze photographs of the scene police reports, witness testimony and other evidence to determine the way in which the accident took place.

Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. This will include estimates of future medical and support costs, wage projections and other financial considerations. These are essential in order to ensure that you're fully compensated for any losses you have incurred and will experience in the future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence determines the amount of fault an injured person could be held responsible for in a car accident. It's a crucial issue in a number of cases, and one that your attorney could need to prove.

The majority of states have some kind of a comparative fault rule that allows victims to pursue compensation even if they have a share of the blame in an accident. The amount of compensation will be based on the level of fault. If, for instance, the jury awards $100,000 for your injuries, and then determines that you're 40 percent responsible, you'll only receive $60,000.

There are two kinds of modified comparative-fault rules. The first is known as the 50% bar rule, which blocks the victim from receiving damages in cases where they are more than 50% at the fault. It is followed by some states, including Colorado and Utah. The other variant, called pure comparative negligence, allows victims to recover damages if they're found to be 99 per cent at fault.

Statute of Limitations

In the majority of instances, the person who was injured in a car accident can make a claim. However they must be filed within a certain period of time, also known as the statute of limitations, or the victim's legal claim will be barred and forfeited forever.

The statute of limitation has nothing to do whether or whether an insurance company for the defendant will settle the case. It's all about the incident that brought about the case, or the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to run is crucial in ensuring compliance with this important legal rule.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. In some cases, this timeline can be shortened. For example, in cases where a minor is involved the time limit for a lawsuit is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is usually two years following the accident. Other exceptions exist, and experienced attorneys can help you understand the particulars.

Representation

We have significant experience consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as water, electricity and sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues involving rates, service and charges.

We can assist you in determining the parties accountable for an accident involving a motor vehicle accident law firm vehicle and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as the wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, as well as national logistics companies regarding auto accidents and product liability claims. We manage pre-suit assessment, manage discovery in a proactive manner and apply trial-ready skills for an optimal outcome for the client regardless of whether it is through the summary decision or a favorable final decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relations and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.