Motor Vehicle Litigation

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

In order to be held liable for a personal injury the defendant must have been negligent in the incident. Liability is based on the degree to which negligence contributed to the accident.

Liability

The aim of a motor vehicle accident attorneys accident claim is to collect damages for the damages and injuries caused by the negligence of a third party. Unless the injured victim lives in one of the states that operate under a no-fault insurance program and a trucking accident lawsuit will require showing that the negligent act of a defendant or inaction resulted in a collision and corresponding bodily injury.

An experienced lawyer can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's guilt in accordance with tort liability principles. This includes a defendant's obligation to the victim, defendant's breach of this duty, direct and immediate causation as well as injuries.

A competent lawyer can assist in determining liability in cases in which the insured driver or the owner of the vehicle is involved in a lawsuit. The majority of insurance policies for automobiles include an affirmative provision of insurance to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This may include a review of CPLR SS 1602.

Damages

A successful motor 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 likely to arise from the injuries suffered. These are known as non-economic and economic damages.

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

Your lawyer will assist you calculate your damages through a variety of ways. This may include hiring accident reconstruction specialists who will analyze photos, police reports, witnesses' testimony, and other evidence in order to reconstruct the accident.

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

Comparative Fault

A system referred to as comparative fault or contributory negligence - defines the extent to which an injured party can be held responsible for in a car accident. It's a key issue in a number of cases, and one that your attorney could need to prove.

The majority of states have some type of a comparative fault rule, which permits victims to seek compensation even if are a part of the blame for an accident. However, the amount of their settlement will be reduced by the degree of fault. For example, if a jury gives you $100,000 for your injuries but finds you are 40 percent at fault, you would only get $60,000.

There are two distinct types of modified comparative fault rules. The first is referred to as the 50% bar rule, which prevents an injured party from receiving damages if they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. The other type, known as pure comparative negligence, permits victims to claim damages if they're found to be 99% at fault.

Statute of limitations

In most instances, the person who was injured in a car accident can sue. However, these lawsuits must be filed within the period of time, also known as the statute of limitations or the claim of the victim is forfeited and barred for ever.

The statute of limitation is not a factor in whether or not an insurance company for the defendant will settle the case. It is focused on the primary incident that brought about the case, the incident or accident which caused the injury. Determining the exact time the clock starts 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. In certain cases, this timeline can be reduced. For example, in cases where a minor is involved, the limitation period is paused until the child becomes emancipated by getting married or turning 18 which is usually two years following the accident. Other exceptions exist and experienced attorneys can help you understand the particulars.

Representation

We have significant experience consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities such as gas, electric and water/sewer services. We also represent transportation businesses including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases that involve rates, fees and service.

We can assist you in determining the responsible parties for the cause of a motor vehicle crash and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including fatalities caused by negligence.

Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on product liability and automobile accident claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready techniques to ensure an optimal client outcome whether it's through a an informal decision or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident lawyers truck, motorcycle and vehicle dealers on factory-dealer issues. We also represent them in New motor vehicle accident lawyer Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.