Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff’s damages award is reduced by their percentage of fault. The jury will decide this based on the evidence presented to them.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the accident.

Liability

The objective of a motor crash claim is to obtain compensation from the party who caused the injuries and losses that were caused through their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit will require showing that a defendant’s careless actions or failure to act resulted in a collision and injuries to the body.

An experienced lawyer can assist you in determining whether the at-fault driver or other defendant is liable for your losses. The majority of auto accidents cases depend on the plaintiff’s ability prove the defendant’s fault in accordance with tort liability principles. This includes a defendant’s duty to the victim, defendant’s breach of this duty, actual and direct causation and injuries.

A knowledgeable lawyer can assist in determining the liability of a situation where the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies provide protection to those who operate the vehicle under the authority of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuit vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as future losses that are expected to arise as a result of the injuries 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 like suffering and pain. Sometimes, it is difficult to determine a specific dollar value to damages that are not economic such as mental anxiety and loss of enjoyment of life.

Your attorney will assist to calculate the damages you have suffered using a variety of methods. This may include retaining experts in accident reconstruction who will review police reports, photographs witness statements, and other evidence to reconstruct the crash.

Your attorney will also bolster your case with expert opinions detailing the economic and other consequences of your injuries. These will include estimates of costs for care and support in the future, wage projections, and other financial aspects. These are necessary in order to ensure that you’re fully compensated for the loss that you have suffered and encounter in the near future.

Comparative Fault

In a car wreck, the system known as comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. It’s an important issue in many cases and something your attorney may have to prove.

The majority of states have some kind of a comparative fault rule, which allows victims to pursue compensation even if they have a share of the blame in an accident. The amount of the settlement will be determined by the level of fault. For instance, if an appeals court awards $100,000 for your injuries, but decides that you are at least 40% responsible, you will only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they are at fault for more than 50%. It is followed by a few states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to claim damages if they are found to be 99 per cent at fault.

Statute of Limitations

In most instances, a person injured in a car crash can make a claim. However these lawsuits must be filed within a specific time period, referred to as the statute of limitations or the victim’s legal claim will be forfeited and barred for ever.

The statute of limitations does not have anything to be concerned with whether or not the insurance company of the defendant will settle the case, and it is all about the trigger event in the case-the incident or accident that led to the injury. Knowing the exact moment at which the clock begins to tick is vital for respecting this important rule.

In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. This time frame can be reduced in some circumstances, however. In cases where a child is involved, such as the statute is put on hold until that child is free, which is achieved by marrying or reaching the age of 18, usually two years after the accident. There are also exceptions and experienced lawyers can help you understand the particulars.

Representation

We have a wealth of experience in providing advice and representation to public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

In a motor vehicle accident case, we can help determine the responsible parties and assist you in the pursuit of compensation. Our firm also assists victims of car accidents as well as tractor-trailer collisions, which include death by negligence.

Our practice in commercial motor vehicle accident attorneys vehicles offers advice to national leasing companies, and national logistics companies on product liability and claims for automobile accidents. We manage pre-suit assessment and proactively manage the discovery process. We also apply trial-ready skills to obtain an acceptable client outcome, be it a summary disposition or favourable final decision. Our team advises franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern factory-dealer relations and represents them in New motor vehicle accident attorneys Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs, as well as relocations.