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Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage of fault. The jury will make this decision on the basis of the evidence presented to them.

In order to be held liable for a personal injury, the defendant has to have been negligent during the incident. Liability is determined based on the amount of negligence that contributed to the accident.

Liability

The goal of a motor vehicle compensation accident claim is to recover damages for the injuries and losses caused by the negligence of another party. A lawsuit for an auto or trucking crash will require that the victim of the accident prove that the defendant's negligent acts or failure to act resulted in a collision and the resulting bodily injury.

An experienced lawyer can assist you in determining if the driver at fault or another defendant is responsible for motor vehicle lawsuit your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's guilt in accordance with tort liability principles. This includes a defendant’s duty to the victim, a defendant's breach of this duty, actual and direct causation and injuries.

A skilled lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is involved in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle under the authority 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 suffered by plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket which are incurred, and also future loss that will be expected as a result of the injuries suffered. These are known as economic and non-economic damages.

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

Your attorney will assist in the calculation of your damages by making use of a variety of methods. This may include hiring accident reconstruction specialists who will analyze photos, police reports and witnesses' statements, and other evidence to reconstruct the accident.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This will include estimates of the cost for future care and support as well as wage projections and other financial considerations. These are necessary to ensure 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 an injured party is responsible for. In many instances, it's a crucial issue that your lawyer will need to prove.

The majority of states have some form of a comparative fault rule that allows victims to seek compensation even if they share the blame for an accident. However, the amount of their settlement will be reduced according to the degree of fault. So, for example when a jury gives you $100,000 for your injuries, but finds that you're 40 percent in the wrong, you'd only get $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they're at fault for more than 50 percent. It is a rule that is followed by a few states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to seek damages if they're found to be 99% at fault.

Statute of Limitations

In the majority of cases, a person is injured in a car crash is legally entitled to file a lawsuit against the party responsible for the crash. However they must be filed within the time frame, known as the statute of limitations, or the claim of the victim will be forfeited and barred for life.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle or not, and it is all about the triggering event that initiated the case-the accident or incident which caused the injury. Calculating the exact time that the clock starts to tick is crucial for respecting this important rule.

In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. In certain instances this time frame can be reduced. For example, in cases where minors are involved, the time limit for a lawsuit is suspended 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 experienced lawyers can advise on the specifics.

Representation

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

In a motor vehicle legal vehicle accident instance, we are able to determine the parties at fault and support you in pursuing compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including the cases of wrongful death.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies on product liability and automobile accidents claims. We handle pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal client outcome whether that is through a summary decision or a favorable final verdict. Our team advises franchised motor vehicles as well as truck dealers on issues related to factory-dealer relations and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.