motor vehicle accident attorneys Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of fault. The jury will make this decision in accordance with the evidence they are presented with.

To be held liable for a personal injury the defendant must have been negligent during the incident. The amount of liability is determined by the extent to which negligence contributed to the accident.

Liability

The goal of a motor vehicle accident lawyer vehicle accident claim is to obtain compensation from the other party in exchange for injuries and losses that were caused due to their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit requires that the defendant's negligent actions or failure to act caused a collision with injuries to the body.

An experienced attorney can assist you in determining the fault of the driver or a different defendant is accountable for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's responsibility using tort liability principles. This includes a defendant's duty to the victim, the defendant's failure to fulfill this duty, direct and actual causation, and injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of lawsuits as well. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is usually accomplished by providing detailed documentation of out-of-pocket expenses incurred as well as future losses that are likely to arise from the injuries sustained. These are known as non-economic and economic damages.

The former covers things such as medical expenses and lost income, while the latter is compensation for more intangible things like pain and suffering. It can be difficult to determine an amount of money on non-economic losses, like mental suffering and loss of enjoyment in life.

Your attorney will assist in the calculation of your damages by making use of a variety. This may include retaining experts in accident reconstruction who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the crash.

Your attorney will also help to support your claim with expert opinions outlining the economic and non-economic consequences of your injuries. This includes cost estimates for future care and assistance, wage projections and other financial factors. This is necessary to ensure that you are fully compensated for any losses you've incurred and encounter in the near future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. It's an important issue in many cases and something that your attorney might be required to prove.

Most states implement some form of a comparative fault rule that allows victims to seek compensation even if they share in the blame for an accident. However, the amount they receive in settlement will be reduced by the degree of fault. If, for example an appeals court awards $100,000 for your injuries, but decides that you're at 40 percent at fault, you'll only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other type is pure comparative fault, which allows victims to claim damages even if found to be 99 % at fault.

Statute of Limitations

In the majority of cases, a person is injured in a car crash is legally entitled to file a lawsuit against the party who caused the crash. However they must be filed within a specific period of time, also known as the statute of limitations or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitations does not have anything to have anything to do with whether the defendant's insurance company will settle, and it is all about the initial triggering event in the case-the accident or incident that caused the injury. Therefore, knowing exactly when the clock begins to tick is crucial for ensuring compliance with this important legal rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. This timeline may be shortened in certain situations, however. In the event that a child is involved, as in, the statute is paused 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 exceptions to this and experienced attorneys can provide advice on the specifics.

Representation

We have years of experience representing utilities and public entities on 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 before Public Utilities Commission on issues involving rates, service and charges.

In a motor vehicle accident instance, we are able to determine the responsible parties and assist you in your pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies regarding the liability of their products and automobile accidents claims. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready expertise to achieve a favorable client outcome, be it a summary decision or a favorable final decision. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues relating to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.