Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's damages are reduced by the percentage of fault. This is determined by jurors based on evidence presented to them.

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The degree of liability is determined by amount of negligence that contributed to the incident.

Liability

The purpose of a vehicle accident claim is to seek damages for injuries and losses caused by another party's negligence. If the injured party is not in one of the states that operate under a no-fault system of insurance and a trucking accident lawsuit must demonstrate that the negligence of a defendant or inaction caused a collision with corresponding bodily injury.

An experienced attorney can assist you in determining whether the person at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's responsibility in accordance with tort liability principles. This includes a defendant's duty to the victim, defendant's failure to fulfill this duty, direct and actual causation, and injuries.

A competent lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle may be the subject of a lawsuit as well. The majority of automobile insurance policies provide coverage to anyone who uses the vehicle under the authority of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuits vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of expenses out of pocket and also the potential for future losses to arise as a result of the injuries that were sustained. These are known as non-economic and economic damages.

The former is used to cover things like medical expenses and lost income and the latter is for intangibles like pain and suffering. Sometimes, it is difficult to determine an exact dollar value to non-economic damages such as mental anguish and the loss of enjoyment life.

Your attorney will assist in calculating your damages through the use of a variety of methods. This could include hiring accident reconstruction experts who will examine police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim by providing expert opinions outlining the economic and non-economic consequences of your injuries. This will include estimates of the cost for future care and support, wage projections and other financial aspects. These are vital to ensure that you're completely compensated for any losses you've suffered and continue to experience in the near future.

Comparative Fault

A system known as comparative fault - or contributory negligence - determines the amount of fault an injured person is accountable for in a car accident. In many cases, it's an important issue that your attorney will have to prove.

Most states adopt some form of a comparative fault rule, which allows victims to seek compensation even if have a share of the blame in an accident. The amount of the settlement will be determined by their level of blame. For instance If a jury decides to award you $100,000 for your injuries but finds you are 40% in the wrong, you'd only get $60,000.

There are two distinct types of modified comparative-fault rules. The first is referred to as the 50 bar rule, which blocks the victim from receiving damages when they are more than 50 percent at the fault. This is the practice of certain states, such as Colorado and Utah. The other variant is called pure comparative fault, which permits victims to recover damages even if found to be at fault.

Statute of Limitations

In most instances, a person who is injured in a car crash is allowed to file a lawsuit against the party responsible for the accident. However these lawsuits must be filed within the time period, referred to as the statute of limitations, or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitation does not have anything to do with whether or not an insurance company for the defendant will settle the case. It is all about the initial incident that brought about the case, the incident or accident that caused the injury. Knowing the exact moment at which the clock starts to tick is vital for respecting this important rule.

In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. This time frame may be cut down in some circumstances, however. In the event that a child is involved, for example the statute is stopped until the child becomes emancipated, which can be accomplished by marrying or reaching the age of 18, typically two years after the accident. There are exceptions to this and experienced attorneys can help you understand the particulars.

Representation

We have a wealth of experience in as a consultant and advocate for public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We also represent transportation companies including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

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

Our practice in commercial motor vehicle accident lawsuit vehicles advises manufacturers, national leasing companies and national logistics companies on their product liability and claims for automobile accidents. We manage pre-suit evaluations and actively manage the discovery process. We also use trial-ready skills to achieve an acceptable client outcome, be it a summary decision or a favorable 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 concerning dealership closures, addition of points, warranty and incentive audits, and relocations.