motor vehicle accident attorneys Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are reduced by their percentage fault. This is determined by the jury on the basis of evidence presented to them.

To be held responsible for personal injury the defendant must have been negligent during the incident. The degree of liability is determined by the degree to which the negligence contributed to the accident.

Liability

The aim of a motor crash claim is to collect damages from the other party to compensate for injuries and losses caused by their negligence. A lawsuit for an auto or trucking collision will require that the injured victim prove that the defendant's negligent actions or inaction resulted in a collision and the bodily injuries that resulted.

An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's capacity to prove their defendant's liability based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the defendant's breach of the duty, actual and proximate cause, and injuries.

A skilled lawyer can also assist in determining the liability of a situation where the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies provide coverage to any person who drives the vehicle with the approval of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing a detailed account of out-of-pocket expenses incurred and also future losses expected to arise from the injuries that were sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter compensates for intangibles such as suffering and pain. Oftentimes, it can be difficult to determine a specific dollar value to non-economic damages like mental distress and the loss of enjoyment life.

Your attorney will assist you in calculating your damages through the use of a variety. This includes retaining accident reconstruction experts who will review images of the scene, police reports, witness testimony, and other evidence to determine how the accident occurred.

Your lawyer will also strengthen your case with expert opinions that outline the economic and non-economic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial aspects. These are essential to ensure that you're fully compensated for any loss that you have suffered and continue to be afflicted in the future.

Comparative Fault

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

The majority of states have some kind of comparative fault rule which 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 the level of blame. For instance, if a jury awards $100,000 for your injuries, but decides that you are at least 40 percent at fault, you'll only receive $60,000.

However, the law is more complex than that as there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they're at fault for more than 50%. It is used by some states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to recover damages if they are found to be 99 per cent responsible.

Statute of Limitations

In most instances, the person who was injured involved in a car accident may make a claim. However, these lawsuits must, be filed within a certain timeframe of limitations, or else the claim of the victim will be forever barred.

The statute of limitations has nothing to do whether or whether an insurance company representing the defendant will settle the case. It's focused on the primary event that initiated the case, whether it was an incident or accident that caused the injury. So, knowing exactly when the clock will begin to run is crucial in ensuring compliance with this important legal rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. This time frame may be cut down in certain situations, however. For instance, in situations where minors are involved the limitation period is paused until the child is emancipated by getting married or turning 18 which typically takes two years after the date of the accident. There are also exceptions and experienced attorneys can advise on the specifics.

Representation

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

We can assist you in determining the parties responsible for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and auto accident claims. We manage pre-suit assessments and proactively manage discovery. We employ trial-ready skills to ensure the best possible outcome for our clients whether that is through a an informal disposition or a favorable final decision. Our team assists franchised motor vehicles, motorcycles and truck dealers on issues that concern factory-dealer relations and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.