공지사항

Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is determined by the jury based on evidence presented to them.

To be held liable for personal injuries, the defendant has to have been negligent in the incident. The amount of liability is determined by the extent of negligence that led to the incident.

Liability

The purpose of a motor accident claim is to collect damages for damages and injuries caused by negligence of another party. A lawsuit for an auto or trucking crash requires that the victim's claim be proven that the defendant's negligent acts or inactions resulted in a collision and the resulting bodily injury.

An experienced attorney can help you determine if the at-fault driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's violation of this duty direct and immediate causation as well as injuries.

A skilled lawyer can assist in determining the liability of a situation in which the insured driver or owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles provide an affirmative provision of protection to anyone operating the vehicle with owner's permission but subject to certain restrictions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing detailed documentation of out-of-pocket expenses incurred and also future losses that are likely to arise from the injuries sustained. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. It is often difficult to determine an exact dollar value to non-economic damages like mental distress and the loss of enjoyment life.

Your lawyer will help you determine the amount of damages by with a variety of methods. This includes retaining experts in accident reconstruction who will analyze photographs of the scene police reports, witness testimony and other evidence to determine how the accident occurred.

Your lawyer will also help your claim by soliciting expert opinions which outline the economic and noneconomic effects of your injuries. This will include estimates of the cost for care and support in the future, wage projections and other financial factors. They are crucial to ensure that you are compensated fully for any losses you've suffered and will continue to be afflicted in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence, determines the amount of fault an injured party can be held responsible for a car crash. It's an important issue in many cases and one that your attorney could need to prove.

Most states use some type of a comparative fault rule, which permits victims to seek compensation even if share in the blame for an accident. But the amount of their settlement will be reduced by the degree of fault. If, for example an award of $100,000 is made by a jury for your injuries, but determines that you're at 40% responsible, you will only receive $60,000.

However, the law is much more complex than that, as there are two distinct forms of modified comparative fault rules. The second is known as the 50% bar rule, which blocks an injured party from claiming damages if they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they're found to be 99 percent at fault.

Statute of limitations

In most cases, a person who is injured in a car crash is entitled to file a lawsuit against the party responsible for the accident. However the lawsuits must be filed within a specified 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 do with whether or not the insurer of the defendant will settle, and Motor Vehicle Litigation it is all about the triggering event that initiated the case - the incident or accident that led to the injury. Determining the exact time the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. In some instances, this timeline can be shortened. In the event that a child is involved, as in the statute is put on hold until the child becomes emancipated, which can be accomplished by marrying or reaching the age of 18 typically two years after the incident. There are also exceptions and experienced attorneys can assist with the specifics.

Representation

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

In a motor vehicle crash case, we will help identify the parties responsible and Motor Vehicle Litigation support you in the pursuit of compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, including wrongful death cases.

Our practice in commercial motor vehicle legal vehicles offers advice to manufacturers, national leasing companies, and national logistics companies regarding product liability and automobile accidents claims. We handle pre-suit assessments and assist in the discovery process. We also employ trial-ready skills to obtain the best possible client outcome, be it a summary disposition or favourable final decision. Our team assists franchised motor vehicle lawyers vehicles, motorcycles and truck dealers on issues relating to factory-dealer relationships. We also represent them in New motor vehicle claim Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.