공지사항

Motor Vehicle Litigation

In the majority of motor vehicle settlement vehicle collision cases, the plaintiff's amount is reduced by their percentage of fault. The jury will decide this on the basis of the evidence presented to them.

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

Liability

The purpose of a accident claim is to recover damages for the injuries and losses caused by negligence of another party. If the injured party is not in one of the states that operate under a no fault insurance system the filing of an auto or trucking accident lawsuit must prove that the negligent act of a defendant or inaction caused a collision with injuries to the body.

An experienced attorney can help you determine whether the at-fault driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's capacity to establish the liability of their defendant based on the tort liability standard which include a defendant's obligation to the plaintiff, the defendant's breach of this duty, actual and proximate cause, and injuries.

A skilled lawyer can also help analyze liability in situations in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle with the approval of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawyers vehicle suit must establish damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of out-of-pocket expenses incurred and also future losses expected to arise from the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income and the latter is for intangibles such suffering and pain. It is difficult to quantify the dollar value of non-economic losses, like mental distress and loss of enjoyment.

Your attorney will assist you calculate your damages using a variety of methods. This includes hiring experts in accident reconstruction who will review photographs of the scene, police reports, witness testimony and other evidence to help reconstruct how the accident occurred.

Your lawyer will also strengthen your claim by providing expert opinions outlining the economic and non-economic impacts of your injuries. This includes estimates of future care and support costs, wage projections and other financial considerations. These are necessary to ensure that you are fully compensated for any losses you have incurred and will suffer in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault that the injured party is accountable for. This is a major issue in a number of cases, and something your attorney may be required to prove.

Most states implement some type of a comparative fault rule, which permits victims to seek compensation even if have a share of the blame in an accident. However, the amount of their settlement will be reduced according to their level of fault. For example If a jury will award you $100,000 for injuries but finds you are 40% at fault, you'd be awarded only $60,000.

There are actually two different types of modified comparative-fault rules. The one is known as the 50 bar rule, which blocks the victim from claiming damages if they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault. It allows victims to recover damages even if found to be 99 % at fault.

Statute of limitations

In the majority of cases, a person who is injured in a car crash is legally entitled to file a lawsuit against the person who caused the crash. These lawsuits must, however, be filed within a certain timeframe of limitations, or else the victim's claim is forever barred.

The statute of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It's all about the initial event that initiated the case, or the incident or accident which caused the injury. So, knowing exactly when the clock starts to tick is vital for to ensure compliance with this important legal rule.

In New York, people who are injured in car crashes generally have three years to start a personal injury lawsuit. In some cases the timeframe can be reduced. For motor vehicle litigation instance, in cases where minors are involved, the statute of limitations is suspended until the child becomes emancipated by getting married or reaching age 18, which is typically two years after the incident. There are exceptions to this and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including electricity, water and sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and fees.

We can assist you in determining the responsible parties in accidents involving motor vehicle lawyer vehicles and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our practice in commercial motor vehicle compensation vehicles provides advice to manufacturers national leasing companies, and national logistics companies regarding the liability of their products and automobile accidents claims. We manage pre-suit assessments as well as proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients regardless of whether it is through summary decision or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer concerns and Motor Vehicle Litigation represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.