공지사항

Motor Vehicle Litigation

In the majority of motor vehicle attorneys vehicle collision cases, the plaintiff's damages award is lowered by their percentage of fault. The jury will decide this in accordance with the evidence they are presented.

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

Liability

The purpose of a motor vehicle compensation vehicle accident claim is to obtain compensation from the other party in exchange for injuries and losses caused by their negligence. A lawsuit for a car or trucking collision will require that the injured victim prove that the negligent actions of the defendant or motor vehicle lawsuit inactions resulted in 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 rest on the plaintiff's ability prove the defendant's fault in accordance with tort liability principles. This includes a defendant's obligation to the victim, the defendant’s infraction of this duty, direct and real causation and injuries.

A skilled lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle might be involved in a lawsuit, too. Most automobile insurance policies grant coverage to anyone who uses the vehicle under the authority of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is usually accomplished by providing detailed documentation of the out-of-pocket expenses that were incurred as well as future losses that are expected to result from the injuries that were sustained. These are referred to as economic or noneconomic damages.

The former covers things such as medical expenses and lost income. The latter is compensation for things that are more intangible like suffering and pain. It can be difficult to determine an exact value to non-economic losses such as mental anguish and loss of enjoyment of life.

Your lawyer will assist to determine your damages with a variety of methods. This includes retaining experts in the field of accident reconstruction who examine photos of the scene, police reports, witness testimony, and other evidence to understand the way in which the accident took place.

Your attorney will also help to support your case with expert opinions that outline the economic and non-economic impacts of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial considerations. They are crucial to ensure you are fully compensated for any losses that you have suffered and continue to be afflicted in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence - determines how much fault an injured person is held responsible for in a car accident. In many instances, it's a crucial issue that your lawyer will have to prove.

The majority of states have some kind of a comparative fault law that allows victims to be compensated regardless of their share of the blame lies with an accident. The amount of the settlement will be determined by the degree of fault. If, for example an award of $100,000 is made by a jury for your injuries, but decides that you're 40% responsible, you will only receive $60,000.

There are two kinds of modified comparative fault rules. The first is known as the 50% bar rule, which prohibits the victim from receiving damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, allows victims to seek damages if they're found to be 99% at fault.

Statute of limitations

In the majority of situations, a person is injured in a car accident is eligible to file a claim against the party who caused the accident. However they must be filed within a certain period of time, also known as the statute of limitations or the victim's legal claim is deemed to be void and barred forever.

The statute of limitations has nothing to be concerned with whether or not the defendant's insurance company will settle the case, and everything to do with the triggering event that initiated the case-the accident or incident that led to the injury. Therefore, knowing exactly when the clock begins to tick is crucial for ensuring compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to make personal injury lawsuits. This time frame may be cut down in certain situations, however. If a child is involved, for instance the statute is suspended until the child is legally emancipated. This can be achieved by marrying or reaching the age of 18, usually two years after the accident. There are also exceptions, and experienced attorneys can provide advice on the specifics.

Representation

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

We can help you determine the responsible parties in a motor vehicle claim vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including the cases of wrongful death.

Our commercial motor vehicle practice assists manufacturers, national leasing companies and national logistics companies on their product liability and auto accident claims. We handle pre-suit assessments and actively manage the discovery process. We also apply trial-ready techniques to ensure an acceptable client outcome which could be a summary decision or a favorable final verdict. Our team assists franchised motor vehicle case vehicles as well as truck dealers on issues that concern factory-dealer relationships. We also represent them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs, as well as relocations.