Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are diminished by their percentage of fault. The jury will decide this according to the evidence presented to them.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent of negligence that led to the accident.

Liability

The goal of a motor vehicle accident claim is to recover damages from the party who caused the injuries and losses caused through their negligence. A lawsuit for a car or trucking crash requires that the injured victim prove that the defendant's negligent actions or inactions resulted in a collision and the resulting bodily injury.

An experienced attorney can assist you in determining whether the driver at fault or another defendant is responsible for your losses. Most auto accidents cases rely on the plaintiff's ability to establish their defendant's liability based on the tort liability standard that include a defendant's responsibility to the plaintiff, the breach of this duty, causality that is actual and proximate, and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of a lawsuit as well. The majority of insurance policies for automobiles include an affirmative provision of insurance to anyone driving the vehicle with owner's permission with certain limitations. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle accident lawyers vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing detailed evidence of the expenses which are incurred, and also the loss that is anticipated due to the injuries suffered. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter compensates for intangibles, such as suffering and pain. It is difficult to put the dollar value of non-economic damages, such as mental suffering and loss of enjoyment in life.

Your attorney will assist you determine the amount of damages by through a variety of ways. This may include hiring experts in accident reconstruction who will examine police reports, photos as well as witnesses' testimony and other evidence in order to reconstruct the crash.

Your attorney will also be able to support your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial factors. These are essential in order to ensure that you're fully compensated for any losses you have incurred and will encounter in the near future.

Comparative Fault

In a car accident the concept of comparative fault (or contributory negligence) determines the amount of blame the person who was injured is accountable for. This is a major issue in many cases and one that your attorney could have to prove.

Most states implement some version of a a comparative blame rule that allows victims to claim compensation even if they have a share of the blame in an accident. However, the amount of their settlement will be lowered by the degree of fault. So, for example when a jury decides to award you $100,000 for your injuries, but determines that you're 40 percent at fault, you will be awarded only $60,000.

There are actually two different types of modified comparative-fault rules. The first is referred to as the 50% bar rule, which blocks an injured party from receiving damages when they are more 50% at fault. This is the practice of several states, including Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to claim damages even if they are found to be at fault.

Statute of Limitations

In most situations, a person is injured in a car accident is entitled to file a lawsuit against the party 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 victim's legal claim will be forfeited and barred for life.

The statute of limitations has nothing to do with whether or not the insurance company of the defendant will settle or not, and it is all about the trigger event that started the case-the incident or accident which caused the injury. Therefore, calculating exactly when the clock will begin to tick is vital for to ensure compliance with this important legal rule.

In New York, those injured in car accidents have up to three years to file a personal injury lawsuit. This timeline may be shortened in certain circumstances, however. If a child is involved, such as the statute is stopped until that child is emancipated, which can be achieved by marriage or at the age of 18, typically two years after the accident. There are other exceptions, and a skilled attorney can offer advice on the particulars.

Representation

We have a wealth of experience advising and representing public utilities and public entities in matters related to Motor Vehicle Accident Lawyers vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including water, electricity and sewer services. We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

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

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready skills for an optimal client outcome whether that is through a an informal disposition or a favorable final decision. Our team counsels franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs and relocations.