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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. This is decided by the jury based on evidence presented to them.

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

Liability

The purpose of a motor vehicle compensation crash claim is to seek compensation from the other party to compensate for losses and injuries caused through their negligence. Unless the injured victim lives 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 a defendant's careless actions or failure to act caused a collision with the resulting bodily injury.

An experienced attorney can assist you in determining whether the person at fault or a different defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the defendant's violation of that duty, real and proximate causation and injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle might be the subject of a lawsuit as well. The majority of automobile insurance policies include an affirmative grant of coverage for anyone who is operating the vehicle with the owner's permission but subject to certain restrictions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is typically done by providing thorough information on the expenses out of pocket that are incurred, motor vehicle litigation as well as future losses that are anticipated due to the injuries suffered. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost income, while the latter covers more intangible things such as pain and suffering. It can be difficult to assign a precise value to non-economic losses like mental stress and the loss of enjoyment life.

Your attorney will assist in the calculation of your damages through the use of a range of techniques. This includes retaining experts in the field of accident reconstruction who look at photographs of the scene, police reports, witness testimony, and other evidence to help reconstruct the way in which the accident took place.

Your attorney will also bolster your case with expert opinions detailing the economic and other consequences of your injuries. This will include estimates of the future costs of care and support costs, wage projections, and other financial aspects. These are necessary to ensure you are fully compensated for the loss you've suffered and will encounter in the near future.

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. It's a key issue in many cases and something your lawyer may have to prove.

The majority of states have some form 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 lowered by their level of blame. If, for example an award of $100,000 is made by a jury for your injuries, and then determines that you are at least 40 percent responsible, you will only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is known as the 50% bar rule, which prohibits the victim from receiving damages when they are more than 50% at the fault. Colorado and Utah are two states that adhere to this rule. The other variant, called pure comparative negligence, permits victims to seek damages if they are found to be 99% responsible.

Statute of Limitations

In most situations, a person is injured in a car crash is eligible to file a claim against the person who caused the accident. However the 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 has nothing to determine whether or not the insurance company of the defendant will settle or not, and it is all about the triggering event that initiated the case-the incident or accident that led to the injury. Therefore, knowing exactly when the clock begins to tick is essential for ensuring compliance with this important legal rule.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. In some instances the timeline may be shortened. In the event that a child is involved, motor vehicle litigation for example the statute is suspended until the child becomes free, which is accomplished by marrying or reaching the age of 18 typically two years after the incident. There are exceptions to this, and experienced attorneys can advise on the specifics.

Representation

We have extensive experience in representing and advising public entities and utilities in matters relating to motor vehicle case vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as electricity, water, and sewer services. We represent transportation companies like limousines and taxicabs in the Public Utilities Commission on issues regarding rates, services and charges.

In a motor car accident situation, we can identify the responsible parties and assist you in the pursuit of compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including wrongful deaths.

Our practice in commercial motor vehicle lawyers vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies about product liability and automobile accidents claims. We manage pre-suit evaluations and are proactive in managing the discovery process. We also apply trial-ready skills to obtain an acceptable client outcome which could be a summary decision or a favorable decision. Our team of lawyers advises franchised motor vehicle legal vehicles and motorcycle dealers on issues relating to dealer-factory relationships and also represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs, as well as relocations.