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 decide this based on the evidence they receive.

To be held accountable for an injury the defendant must be negligent at the time of the incident. Liability is determined by the degree to which the negligence caused the accident.

Liability

The aim of a motor vehicle Accident attorney accident claim is to recover damages for the injuries and losses caused by another party's negligence. If the injured party is not in one of the few states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit will require showing that the negligent act of a defendant or inaction caused a collision with the resulting bodily injury.

An experienced attorney can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases hinge on the plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, the actual and proximate causation, and injuries.

Additionally, a knowledgeable lawyer can assist you in determining liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit as well. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle suit must establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of the expenses incurred out of pocket and also future losses expected to arise due to the injuries that were sustained. These are referred to as economic or noneconomic damages.

The former covers things like medical expenses and lost income while the second is compensation for more intangible things like suffering and pain. Sometimes, it is difficult to assign a precise amount to non-economic damages like mental stress and the loss of enjoyment life.

Your attorney will assist you in the calculation of your damages by making use of a variety. This could include hiring accident reconstruction specialists who will analyze photos, police reports witness statements, and other evidence to reconstruct the accident.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. This includes estimates of future healthcare and support costs, wage projections, and other financial factors. These are vital to ensure you are compensated fully for any losses you've suffered and continue to suffer in the future.

Comparative Fault

In a car wreck, a system known as comparative blame (or contributory negligence) determines the amount of blame an injured party is responsible for. It's a crucial issue in a variety of cases and something your attorney may need to prove.

Most states have some form of a comparative fault law that allows victims to be compensated even if their share of blame is an accident. The amount of compensation will be based on their level of blame. If, for instance, the jury awards $100,000 for your injuries, and then determines that you are 40% responsible, you will only receive $60,000.

However, the law is more complicated than that since there are two distinct forms of modified rules of comparative fault. The first is referred to as the 50% bar rule, which prohibits the victim from receiving damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault. This allows victims to recover damages even if they are found to be 99 % at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car accident is legally entitled to file a lawsuit against the person responsible for the crash. However, these lawsuits must, be filed within the statute of limitations or else the claim of the victim is forever barred.

The statute of limitations has nothing to have anything to do with whether the defendant's insurance company will settle it, and has it is all about the trigger event in the case-the accident or incident which caused the injury. So, knowing exactly when the clock starts to run is crucial in making sure that you are in compliance with this crucial legal rule.

In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. If a child is involved, for example, the statute is paused until the child is free, which is attained by marriage or when they reach the age of 18 usually two years after the accident. There are other exceptions, and an experienced attorney can provide advice on the specifics.

Representation

We have extensive experience in advising and representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including death by negligence.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies regarding product liability and automobile accidents claims. We manage pre-suit evaluations and are proactive in managing the discovery process. We also employ trial-ready techniques to ensure an acceptable client outcome which could be a summary decision or a favorable verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represents them in New motor vehicle accident law firm Vehicle Board protests that involve terminations of dealerships, the addition of points warranties and incentive audits, as well as relocations.