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Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, automobile the plaintiff's damages are lowered based on their percentage fault. The jury will make this decision based on the evidence they receive.

To be held accountable for an injury, the defendant must be negligent at the time of the incident. Liability is determined based on the degree of negligence which contributed to the accident.

Liability

The purpose of a motor vehicle accident claim is to collect damages from the other party for losses and injuries caused through their negligence. Unless the victim is in one of the few states that operate under a no fault insurance system, an automobile or trucking accident lawsuit must prove that the negligence of a defendant or failure to act caused a collision and corresponding bodily injury.

An experienced attorney can assist you in determining the fault of the driver or a different defendant is accountable for automobile your losses. Most auto accidents cases rely on the plaintiff's ability to demonstrate the liability of their defendant on the principles of tort liability, including a defendant's duty to the plaintiff, the defendant's breach of that duty, real and proximate causation and injuries.

Additionally, a experienced lawyer can assist with analyzing liability in situations where the insured driver or owner of the vehicle may be involved in lawsuits as well. Most automobile insurance policies contain an affirmative grant of coverage to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of the out-of-pocket expenses that were incurred and also future losses that are expected to arise from the injuries that were sustained. These are referred to as economic and noneconomic damages.

The former covers things such as medical bills and lost earnings, while the latter covers more intangible issues like pain and suffering. It is difficult to establish an amount in dollars for non-economic damages like mental distress and loss of enjoyment in life.

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

Your attorney will also help to support your case with expert opinions detailing the economic and non-economic consequences of your injuries. This includes estimates of the future costs of care and support costs, wage projections and other financial considerations. This is necessary to ensure you are fully compensated for the loss you have incurred and will be able to recover in the future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the degree of fault an injured person is responsible for. It's a crucial issue in a number of cases, and something that your attorney might have to prove.

Most states have some form of comparative fault rule that allows victims to receive compensation even if their share of blame is an accident. The amount of compensation will be determined by the level of blame. If, for instance, an appeals court awards $100,000 for your injuries, and then determines that you are at least 40 percent responsible, you will only receive $60,000.

However, the law is more complicated than that as there are two distinct varieties of modified comparative fault rules. The second is known as the 50 bar rule, which prevents the victim from receiving damages when they are more than 50% at the fault. It is used by some states, including Colorado and Utah. The other variant, called pure comparative negligence, allows victims to seek damages in the event that they're found to be 99% responsible.

Statute of limitations

In the majority of instances, the person who was injured in a car accident can make a claim. However these lawsuits must be filed within a specified time frame, known as the statute of limitations, or the victim's legal claim is deemed to be void and barred forever.

The statute of limitation does not have anything to do with whether or whether an insurance company for the defendant will settle the case. It is all about the initial incident that led to the case, or the incident or accident which caused the injury. Thus, knowing precisely when the clock begins to tick is vital for ensuring compliance with this important legal requirement.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. This timeline may be shortened in certain circumstances, however. In cases where a minor is involved, as in the statute is stopped until the child is free, which is attained by marriage or when they reach the age of 18 usually two years after the incident. There are other exceptions, and an experienced attorney can provide advice on the particulars.

Representation

We have a wealth of experience in providing advice and representation to public agencies and utilities in relation to motor vehicle accident attorneys vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities like electric, water and gas services. We also represent transportation businesses like taxicabs trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor car accident situation, we can determine the parties at fault and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on product liability and automobile accident claims. We manage pre-suit assessment and proactively manage the discovery process. We also apply trial-ready skills to achieve a favorable client outcome, be it a summary decision or a favorable verdict. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.