Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are reduced by their percentage fault. The jury will determine this on the basis of the evidence they are presented.

In order to be held liable for personal injuries, the defendant has to have been negligent in the incident. The degree of liability is determined by the extent to which negligence caused the accident.

Liability

The purpose of a motor vehicle accident law Firm accident claim is to collect damages for damage and losses caused by the negligence of another party. If the injured party is not in one of the states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit must prove that the negligent act of a defendant or inaction caused a collision and injuries to the body.

An experienced lawyer can help you determine whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's capacity to establish their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's violation of this duty, causality that is actual and proximate, and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer protection to those who operate the vehicle with the approval of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is typically accomplished by providing a detailed account of out-of-pocket expenses incurred and also the potential for future losses to arise from the injuries sustained. These are referred to as economic and noneconomic damages.

The former covers things like medical bills and lost income, while the second is compensation for more intangible issues like pain and suffering. It is difficult to determine a dollar amount on non-economic losses, like mental distress and loss of enjoyment in life.

Your attorney will assist you determine the amount of damages by through a variety of ways. This includes retaining experts in the field of accident reconstruction who analyze images of the scene, police reports, witness testimony, and other evidence to understand the circumstances of the crash.

Your lawyer will also aid your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial considerations. They are required to ensure you are fully compensated for any losses you've incurred and experience in the future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence - defines the amount of fault an injured party can be accountable for in a car accident. It's a key issue in a lot of cases and something your attorney may be required to prove.

Most states adopt some form of a comparative fault rule, which allows victims to claim compensation even if they are a part of the blame for an accident. The amount of the settlement will be determined by their level of responsibility. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you are at least 40% responsible, you will only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they are at fault for more than 50%. Colorado and Utah are two states that adhere to this rule. The other variant is called pure comparative fault. This allows victims to claim damages even if they are found to be 99 percent at fault.

Statute of limitations

In the majority of instances, a person injured who is injured in a car crash may make a claim. However they must be filed within a specified period of time, also known as the statute of limitations, or the claim of the victim will be barred and forfeited for life.

The statute of limitations does not have anything to be concerned with whether or not the insurance company of the defendant will settle it, and has everything to do with the trigger event that started the case, which is the incident or accident that led to the injury. Calculating the exact time that the clock starts to run is essential for compliance with this important rule.

In New York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. This time frame can be reduced in certain circumstances, but. If a child is involved, for instance the statute is suspended until the child becomes free, which is achieved by marriage or at the age of 18 typically two years after the incident. There are other circumstances, and a seasoned attorney can offer advice on the specifics.

Representation

We have years of experience advising and representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities such as water, electricity and sewer services. We represent transportation companies like limousines and taxicabs in the Public Utilities Commission on issues involving rates, service and fees.

In a motor vehicle collision situation, we can determine the parties at fault and support you in your pursuit of compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessments, manage discovery in a proactive manner and apply trial-ready skills for the best possible outcome for our clients, whether through the summary disposition or a favorable decision. Our team regularly counsels franchised motor vehicle accident law firm truck, motorcycle and vehicle dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, and relocations.