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Motor Vehicle Litigation

In most motor vehicle case vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. This is determined by the jury on the basis of evidence presented to them.

To be held responsible for personal injuries the defendant must have been negligent during the incident. The amount of liability is determined by the extent of negligence that led to the accident.

Liability

The goal of a claim for motor vehicle attorneys vehicle accidents is to collect damages from the party who caused the losses and injuries caused by their negligence. If the injured party is not in one of the few states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining the fault of the driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's responsibility based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's infraction of this duty, direct and real causation and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit as well. Most automobile insurance policies contain an affirmative provision of protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses which are incurred, and also future losses that are anticipated due to the injuries sustained. These are known as economic and Motor Vehicle Litigation noneconomic damages.

The former covers things such as medical expenses and lost income. The latter covers things that are more intangible like pain and suffering. Sometimes, motor vehicle litigation it is difficult to determine an exact dollar value to damages that are not economic such as mental anxiety and loss of enjoyment of life.

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

Your lawyer will also help your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. This will include estimates of the cost for care and support in the future as well as wage projections and other financial aspects. These are essential to ensure that you're fully compensated for any losses you've incurred and experience in the future.

Comparative Fault

A system referred to as comparative fault, also referred to as contributory negligence, determines how much fault an injured person could be held responsible for in a car accident. It's a key issue in a number of cases, and something that your attorney might be required to prove.

Most states adopt some version of a a comparative blame rule that allows victims to pursue compensation even if they have a share of the blame in an accident. However, the amount of their settlement will be lowered by their level of fault. So, for example, if a jury decides to award you $100,000 for your injuries, but finds that you're 40% at fault, you'd only get $60,000.

There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents the injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that adhere to this rule. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they're found to be 99 percent 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 party who caused the crash. These lawsuits must, however, be filed within a certain timeframe of limitations, or else the claim of the victim will be barred forever.

The statute of limitation does not affect whether or the insurance company of the defendant will settle the case. It's all about the initial incident that brought about the case, and the incident or accident that caused the injury. Calculating the exact time that the clock begins to tick is crucial to ensure complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. In some instances the timeline may be shortened. For instance, in cases where minors are involved the statute of limitations is paused until the child becomes legally emancipated after marriage or reaching age 18, which is usually two years following the accident. There are other exceptions, and a skilled attorney can give advice on the specifics.

Representation

We have extensive experience in advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as electric, gas, and water/sewer services. We also represent transportation businesses like taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor vehicle accident instance, we are able to identify the parties responsible and assist you in your pursuit of compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as wrongful death cases.

Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, as well as national logistics companies about product liability and automobile accidents claims. We manage pre-suit evaluations and proactively manage the discovery process. We also apply trial-ready skills to obtain an acceptable client outcome whether it's a summary decision or a favorable final decision. Our team advises franchised motor vehicle case vehicles and motorcycle dealers on issues relating to dealer-factory relationships and also represents them in New motor vehicle lawyer Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs and relocations.