Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of fault. The jury will make this decision based on 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 extent of negligence that led to the accident.

Liability

The purpose of a motor vehicle accident law firm accident claim is to obtain compensation from the other party to compensate for injuries and losses caused due to their negligence. A lawsuit arising out of an auto or trucking crash requires that the injured party prove that the defendant's negligent acts or failure to act led to a collision, and the bodily injury that resulted from it.

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

Additionally, a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or owner of the vehicle may be involved in an action. Most automobile insurance policies grant coverage to any person who drives the vehicle under the authority of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is typically accomplished by providing detailed documentation of the expenses incurred out of pocket and also future losses that are likely to arise due to the injuries sustained. These are called 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. It can be difficult to determine the dollar value of non-economic losses, like mental distress and loss of enjoyment in life.

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

Your attorney will also bolster your claim with expert opinion detailing the economic and other impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections, and other financial factors. They are required to ensure that you are fully compensated for the loss that you have suffered and Vimeo be able to recover in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - defines the amount of fault that an injured party can be accountable for a car crash. This is a major issue in a lot of cases and something your attorney may have to prove.

The majority of states have some type of a comparative fault rule that allows victims to pursue compensation even if they are a part of the blame for an accident. The amount of the settlement will be based on the degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you are at least 40 percent responsible, you will only receive $60,000.

There are two distinct types of modified comparative-fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they're responsible for more than 50 percent. It is a rule that is followed by some states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to recover damages if they are found to be 99 per cent responsible.

Statute of Limitations

In most cases, a person who is injured in a car accident is eligible to file a claim against the person responsible for the accident. However, these lawsuits must be filed within the time frame, known as the statute of limitations, or the victim's legal claim is forfeited and barred for ever.

The statute of limitations does not affect whether or whether an insurance company representing the defendant will settle the case. It is focused on the primary event that triggered the case, or the incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to run is crucial in to ensure compliance with this important legal requirement.

In New York, people who are injured in car crashes generally have three years to bring personal injury lawsuits. The timeframe may be reduced in certain circumstances, however. If a child is involved, as in, the statute is paused until that child is legally emancipated. This can be attained by marriage or when they reach the age of 18, typically two years after the accident. There are other exceptions, and en.easypanme.com experienced attorneys can advise on the specifics.

Representation

We have extensive experience as a consultant and advocate for public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities like gas, electric and water/sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and fees.

We can help you determine the responsible parties in an accident involving a motor vehicle and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer collisions, which include death by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies regarding car accidents and product liability claims. We handle pre-suit assessments and assist in the discovery process. We also employ trial-ready skills to obtain an outcome that is favorable to the client which could be a summary resolution or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, as well as relocations.