Motor Vehicle Litigation

In the majority of motor vehicle accident law firms vehicle collision lawsuits, the plaintiff's damages are lowered based on their percentage fault. This is determined by the jury based on evidence presented to them.

To be held liable for a personal injury, the defendant has to have been negligent during the incident. Liability is determined by the degree of negligence that contributed to the accident.

Liability

The purpose of a motor accident claim is to collect damages for the injuries and losses caused by negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the victim's claim be proven that the negligent actions of the defendant or inactions caused a collision and the resulting bodily injury.

An experienced lawyer can assist you in determining if the driver at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's fault based on tort liability principles. This includes a defendant's obligation to the victim, the defendant’s violation of this duty direct and real causation and injuries.

A competent lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. The majority of insurance policies for automobiles include an affirmative grant of coverage for anyone who is operating the vehicle under the owner's permission with certain limitations. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses that are likely to arise due to the injuries suffered. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income, while the latter compensates for intangibles such suffering and pain. It can be difficult to determine an amount of money on the non-economic damage, such as mental suffering and loss of enjoyment.

Your lawyer will help you calculate your damages using a variety methods. This could include retaining accident reconstruction experts who will analyze photos, police reports, 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 effects of your injuries. These will include estimates of costs for future care and assistance along with wage projections and other financial factors. These are essential to ensure you are fully compensated for any loss you've suffered and will continue to be afflicted in the future.

Comparative Fault

In a car accident the concept of comparative fault (or contributory negligence) determines the degree of fault the injured party is accountable for. It's an important issue in a lot of cases and one that your attorney could need to prove.

Many states have a type of a comparative fault law that allows victims to be compensated even if a portion of the blame is attributed to an accident. The amount of the settlement will be based on their level of responsibility. For instance, if an award of $100,000 is made by a jury for your injuries, but determines that you're 40% responsible, you will only receive $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they are responsible for more than 50 percent. This is the practice of a few states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to recover damages if they're found to be 99% responsible.

Statute of Limitations

In most cases, a person is injured in a car crash is eligible to file a claim against the party who caused the accident. These lawsuits must, however, be filed within the prescribed time of limitations or the victim's claim will be forever barred.

The statute of limitations has nothing to determine whether or not the insurer of the defendant will settle the case, and it is all about the trigger event in the case-the incident or accident that caused the injury. Knowing the exact moment at which the clock starts to run is essential for the compliance of this crucial rule.

In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. In some instances, this timeline can be reduced. In the event that a child is involved, as in, the statute is paused until the child becomes liberated, which is accomplished by marrying or reaching the age of 18 typically two years after the incident. There are other circumstances, and a seasoned attorney can provide advice on the particulars.

Representation

We have a wealth of experience in consulting and representing public entities as well as utilities on issues related to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as gas, electric and water/sewer services. We also represent transportation organizations including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the responsible parties in a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit assessment and actively manage the discovery process. We also use trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summary disposition or favourable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor vehicle accident Attorneys Vehicle Board protests concerning dealership closures, addition of points, warranty and incentive audits, as well as relocations.