motor vehicle accident law firm Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of the fault. The jury will make this decision in accordance with the evidence they are presented.

To be held responsible for personal injury, the defendant has to be negligent during the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The aim of a claim for motor vehicle accidents is to collect damages from the other party to compensate for injuries and losses that were caused by their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance program and a trucking accident lawsuit must demonstrate that the negligence of a defendant or inaction caused a collision with injuries to the body.

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

A skilled lawyer can help analyze liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. The majority of automobile insurance policies include an affirmative insurance to anyone operating the vehicle with the owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is typically done by providing thorough evidence of the expenses which are incurred, and also the future loss expected as a result of the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things such as medical expenses and lost earnings, while the latter covers more intangible issues like pain and suffering. It is often difficult to determine an exact amount to non-economic damages such as mental anxiety and loss of enjoyment of life.

Your lawyer will assist you in calculating your damages through the use of a variety of methods. This includes retaining experts in the field of accident reconstruction who analyze photographs of the scene police reports, witness testimony, and other evidence to help reconstruct how the accident occurred.

Your lawyer will also support your claim with expert opinion that outline the economic and non-economic impacts of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial factors. These are crucial to ensure that you are completely compensated for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

A system referred to as comparative fault - also known as contributory negligence, determines the amount of fault an injured party can be accountable for a car crash. In many instances, it's a crucial issue that your lawyer will need to prove.

The majority of states have some version of a a comparative blame rule that allows victims to claim compensation even if they share in the blame for an accident. The amount of compensation will be based on their level of blame. If, for example an award of $100,000 is made by a jury for your injuries, but decides that you're at 40 percent responsible, you will only receive $60,000.

There are two kinds of modified comparative-fault rules. The second is known as the 50 bar rule, which blocks an injured party from receiving damages when they are more 50% at fault. Colorado and Utah are two states that are governed by this rule. 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 instances, an individual who has been injured in a car accident can sue. However, these lawsuits must be filed within a specified time period, referred to as the statute of limitations, or the claim of the victim will be barred and forfeited forever.

The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle or not, and it is all about the initial triggering event in the case - the incident or accident that caused the injury. Therefore, calculating exactly when the clock starts to run is crucial in to ensure compliance with this important legal requirement.

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 instance, in situations where minors are involved the statute of limitations is paused until the child becomes fully emancipated through marriage or turning 18 which typically takes two years after the accident. There are other circumstances, and a seasoned attorney can give advice on the particulars.

Representation

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

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

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies regarding product liability and claims for automobile accidents. We handle pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready skills to obtain the best possible client outcome which could be a summary disposition or favourable final verdict. Our team advises franchised motor vehicles as well as truck dealers on issues related to factory-dealer relationships and represents them in New motor vehicle accident lawsuits Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.