Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are lowered based on their percentage fault. The jury will determine this on the basis of the evidence they are presented.

To be liable for an injury the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree to which the negligence caused the accident.

Liability

The goal of a motor crash claim is to recover damages from the party who caused the injuries and losses that were caused by their negligence. A lawsuit arising out of an auto or trucking crash requires that the victim of the accident prove that the defendant's negligent actions or inactions caused a collision and the bodily injury that resulted from it.

An experienced attorney can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accident cases hinge on a plaintiff's capacity to establish their defendant's liability based on the tort liability standard and include a defendant's duty to the plaintiff, the breach by the defendant of the duty, actual and proximate cause, and injuries.

Additionally, a experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the 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 with the consent of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is usually done by providing detailed information on the expenses out of pocket and future loss that will be expected as a result of the injuries sustained. These are known as non-economic and economic damages.

The former covers things like medical bills and lost income while the second is compensation for more intangible things like pain and suffering. It can be difficult to establish a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment.

Your attorney will assist you in the calculation of your damages by making use of a variety. This could include retaining accident reconstruction experts who review police reports, photographs and witnesses' statements, and other evidence in order to reconstruct the accident.

Your attorney will also be able to support your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. This will include estimates of the cost for the future of care and support, wage projections and other financial factors. These are necessary to ensure that you're fully compensated for the losses that you have suffered and suffer in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence, determines the amount of fault an injured party can be accountable for in a car accident. In many cases, it's an important aspect that your lawyer will need to prove.

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

However, the law is more complicated than that, since there are two distinct types 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 responsible for more than 50%. It is used by some states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to seek damages even if found to be 99 percent at fault.

Statute of Limitations

In most cases, a person is injured in a car crash is eligible to file a claim against the person responsible for 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 do 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-the incident or accident that led to the injury. The exact time at which the clock begins to tick is crucial to ensure respecting this important rule.

In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. This time frame may be cut down in certain circumstances, however. If a child is involved, for instance, the statute is paused until the child becomes free, which is achieved by marrying or reaching the age of 18 typically two years after the incident. Other exceptions exist and seasoned lawyers can advise on the specifics.

Representation

We have extensive experience in representing utilities and public entities in matters relating to motor vehicle accident attorney vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities like electric, water and gas services. We represent transportation companies, such as limousines and taxicabs before the Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle crash situation, we can identify the parties responsible and support you in the pursuit of compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics firms on car accidents and product liability claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready skills to achieve an outcome that is favorable to the client whether it's a summary resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represent them in New motor vehicle accidents Vehicle Board protests concerning dealership closures, addition of points as well as warranty and incentive audits, and relocations.