Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are reduced by their percentage of fault. The jury will determine this according to the evidence they are presented with.

To be held accountable for an injury the defendant must have been negligent at the time of the incident. Liability is based on the extent to which negligence contributed to the accident.

Liability

The objective of a motor crash claim is to collect damages from the party who caused the injuries and losses that were caused due to their negligence. Unless the victim is in one of the few states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit must prove that the negligence of a defendant or failure to act resulted in a collision and injuries to the body.

An experienced attorney can help you determine whether the driver at fault or any other defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability to establish the liability of their defendant based on the principles of tort liability, including a defendant's duty to the plaintiff, the defendant's breach of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles provide coverage to anyone who uses the vehicle with the permission of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses incurred, as well as the loss that is anticipated due to the injuries sustained. These are known as economic and noneconomic damages.

The first is for things like medical expenses and lost income, while the latter compensates for intangibles, such as pain and suffering. It is difficult to quantify a dollar amount on non-economic losses, like mental suffering and loss of enjoyment.

Your attorney will help you determine the amount of damages by using a variety of methods. This could include hiring experts in accident reconstruction who will look over police reports, photos, witnesses' testimony, and other evidence to reconstruct the accident.

Your attorney will also bolster your case with expert opinions that outline the economic and non-economic consequences of your injuries. These will include estimates of costs for future care and assistance, wage projections, and other financial factors. These are necessary to ensure that you are fully compensated for any losses you have incurred and will encounter in the near future.

Comparative Fault

A system called comparative fault - or contributory negligence determines the amount of fault that an injured person is held responsible for in a car accident. It's a key issue in a number of cases, and something that your attorney might have to prove.

Most states adopt some form of a comparative fault rule, which permits victims to pursue compensation even if they share the blame for an accident. The amount of compensation will be determined by their degree of fault. For instance, if a jury will award you $100,000 for injuries, but finds that you're 40% in the wrong, you'd receive only $60,000.

However, the law is more complicated than that, since there are two distinct kinds of modified comparative fault rules. The first is the 50% bar rule. This bar rule blocks an injured party from receiving compensation if they are at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which permits victims to recover damages even if they are found to be 99 percent at fault.

Statute of Limitations

In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the person who caused the crash. However, these lawsuits must, be filed within the statute of limitations or else the victim's claim will be forever barred.

The statute of limitations has nothing to be concerned with whether or not the defendant's insurance company 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, knowing exactly when the clock starts to tick is essential for ensuring compliance with this important legal requirement.

In New York, people who are hurt in car crashes generally have three years to bring personal injury lawsuits. In some cases the timeframe can be reduced. In cases where a child is involved, as in the statute is stopped until that child is free, which is achieved by marrying or reaching the age of 18, usually two years after the accident. There are other exceptions, and a knowledgeable attorney can provide advice on the particulars.

Representation

We have extensive experience as a consultant and advocate for public agencies and utilities on matters related to motor vehicle accident attorneys 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 represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and charges.

We can help you determine the responsible parties for a motor vehicle accident and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies on product liability and automobile accident claims. We manage pre-suit assessments and actively manage the discovery process. We also use trial-ready expertise to achieve an outcome that is favorable to the client, be it a summary decision or a favorable decision. Our team counsels franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relationships. We also represent them at New motor Vehicle Accident Law firm Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.