Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of the fault. The jury will determine this on the basis of the evidence presented to them.

To be held responsible for personal injuries, the defendant has to be negligent during the incident. The amount of liability is determined by the degree to which the negligence contributed to the accident.

Liability

The goal of a motor crash claim is to seek compensation from the other party in exchange for injuries and losses caused through their negligence. If the injured party is not in one of the states that operate under a no fault insurance system, an automobile or trucking accident lawsuit will require showing that the negligence of a defendant or inaction resulted in a collision, and an injury to the body.

An experienced lawyer can help you determine whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's capacity to prove their defendant's liability based on the tort liability standard that include a defendant's responsibility to the plaintiff, the defendant's breach of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can also assist in analyzing liability in situations where the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles include an affirmative grant of insurance to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is usually done by providing detailed documentation of expenses out of pocket and also future losses that are likely to arise due to the injuries that were sustained. These are referred to as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such as suffering and pain. It is difficult to determine the dollar value of non-economic losses, like mental suffering and loss of enjoyment.

Your lawyer will assist in the calculation of your damages through the use of a range of techniques. This includes retaining experts in accident reconstruction who will review photos of the scene, police reports, witness testimony and other evidence to reconstruct the circumstances of the crash.

Your lawyer will also strengthen your claim by providing expert opinions detailing the economic and other consequences of your injuries. This includes estimates of future care and support costs, wage projections and other financial aspects. They are required to ensure you are fully compensated for the losses you've suffered and will suffer in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence - defines the amount of fault an injured party can be accountable for in a car accident. It's an important issue in many cases and something your attorney may have to prove.

Most states have a form of comparative fault rule which allows victims to be compensated even if a portion of the blame is for an accident. The amount of the settlement will be based on the level of blame. If, for example a jury awards $100,000 for your injuries, but decides that you're 40 percent responsible, you will only receive $60,000.

There are two types of modified comparative-fault rules. The one is known as the 50% bar rule, which blocks an injured party from claiming damages when they are more 50 percent at the fault. It is followed by several states, including Colorado and Utah. Another variant is pure comparative fault, which permits victims to claim damages even if they are found to be at fault.

Statute of limitations

In the majority of cases, a person who is injured in a car accident is eligible to file a claim against the party who caused the crash. However, these lawsuits must be filed within the timeframe known as the statute of limitations, or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitation has nothing to do whether or whether an insurance company representing the defendant will settle the case. It is focused on the primary incident that led to the case, or the incident or accident that caused the injury. Determining the exact time the clock starts to tick is vital for respecting 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 may be cut down in certain situations, however. For example, in cases where a minor is involved, the time limit for a lawsuit is suspended until the child becomes emancipated by getting married or reaching age 18, which typically takes two years after the date of the accident. There are other exceptions, and an experienced attorney can provide advice on the particulars.

Representation

We have a wealth of experience in providing advice and representation to 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, such as electric, water and gas services. We also represent transportation companies like taxicabs trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle accident (visit the up coming article) situation, we can identify the parties responsible and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, which include the wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We manage pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready skills to obtain an acceptable client outcome whether it's a summary resolution or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New motor vehicle accident lawsuit Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, as well as relocations.