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Motor Vehicle Litigation

In the majority of motor vehicle case vehicle collision cases, the plaintiff's are reduced by the percentage of the fault. The jury will decide this on the basis of the evidence they receive.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. Liability is determined by the degree of negligence which contributed to the accident.

Liability

The purpose of a motor vehicle compensation vehicle accident claim is to seek compensation from the other party to compensate for injuries and losses that were caused through their negligence. A lawsuit for an auto or trucking collision will require that the injured victim prove that the defendant's negligent acts or inaction led to a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining whether the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases are based on a plaintiff's ability to prove their defendant's liability based on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the defendant's violation of the 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 a party in a lawsuit. Most insurance policies for automobiles offer protection to those who operate the vehicle with the permission of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually accomplished by providing detailed documentation of the expenses incurred out of pocket as well as future losses that are expected to arise from the injuries sustained. These are called economic and noneconomic damages.

The former covers things like medical bills and Motor Vehicle Litigation lost income. The second is compensation for more intangible things like suffering and pain. It is difficult to quantify an amount of money on non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will help you calculate your damages using a variety of methods. This includes hiring experts in reconstruction of accidents who look at images of the scene, police reports, witness testimony, and other evidence to reconstruct the circumstances of the crash.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. These will include estimates of future care and support costs, wage projections and other financial factors. They are crucial to ensure that you are completely compensated for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

In the event of a car crash, a system called comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many instances, it's a crucial aspect that your lawyer will have to prove.

The majority of states have some form of a comparative fault rule that allows victims to seek compensation even if share in the blame for an accident. But the amount of their settlement will be lowered by their level of fault. So, for example, if a jury gives you $100,000 for your injuries, but determines that you're 40 percent at fault, you would only get $60,000.

However, the law is more complicated than that, since there are two distinct kinds of modified rules of comparative fault. The one is known as the 50% bar rule, which blocks an injured party from claiming damages if they are more than 50% at fault. It is a rule that is followed by a few states, including Colorado and Utah. Another variation, known as pure comparative negligence, allows victims to claim damages if they're found to be 99 percent at fault.

Statute of limitations

In the majority of cases, an injured person who is injured in a car crash may file a lawsuit. However these lawsuits must be filed within the timeframe known as the statute of limitations, or the victim's legal claim is forfeited and barred forever.

The statute of limitations does not have anything to determine whether or not the insurance company of the defendant will settle the case, and it is all about the initial triggering event in the case-the incident or accident which caused the injury. Determining the exact time the clock starts to tick is vital for compliance with this important rule.

In New York, those injured in car accidents have up to three years to make a personal injury claim. This time frame may be cut down in some circumstances, however. In the event that a child is involved, such as the statute is stopped until that child is free, which is achieved by marriage or at the age of 18, typically two years after the incident. There are other exceptions, and an experienced attorney can offer advice on the specifics.

Representation

We have extensive experience representing public utilities and public entities in matters relating to motor vehicle law vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities, such as electric, gas, and water/sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and fees.

We can assist you in determining the parties accountable for a motor vehicle attorney vehicle accident and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including the cases of wrongful death.

Our commercial motor vehicle attorneys vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies on the subject of product liability and auto accident claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also apply trial-ready techniques to ensure an outcome that is favorable to the client which could be a summary decision or a favorable verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, as well as relocations.