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Motor Vehicle Litigation

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

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

Liability

The aim of a motor crash claim is to recover damages from the other party for injuries and losses caused through their negligence. A lawsuit for a car or trucking collision will require that the victim's claim be proven that the negligent actions of the defendant or failure to act caused a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's responsibility based on tort liability principles. This includes a defendant's obligation to the victim, defendant's failure to fulfill this duty, direct and actual causation, and injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle could be involved in a lawsuit, too. The majority of insurance policies for automobiles provide coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses which are incurred, and also future losses that are expected due to the injuries suffered. These are called economic and non-economic damages.

The former covers things like medical bills and lost income while the latter is compensation for more intangible things like pain and suffering. It can be difficult to assign a precise amount to non-economic damages such as mental anguish and loss of enjoyment life.

Your lawyer will assist you in the calculation of your damages through the use of a variety of methodologies. This may include retaining accident reconstruction experts who review police reports, photographs and witnesses' statements, and other evidence to reconstruct the accident.

Your lawyer will also support your claim with expert opinions detailing the economic and non-economic impacts of your injuries. These will include estimates of costs for the future of care and support, wage projections and other financial aspects. These are crucial to ensure that you are compensated fully for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence determines the amount of fault that an injured person is accountable for in a car accident. It's an important issue in many cases and something your lawyer may be required to prove.

Most states use some form of a comparative fault rule, which allows victims to pursue compensation even if they share the blame for an accident. The amount of compensation will be determined by the level of responsibility. For instance, if an award of $100,000 is made by a jury for your injuries, and then determines that you are 40 percent at fault, you'll only receive $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is the 50 bar rule. This rules out an injured party from receiving compensation if they're at fault for more than 50%. Colorado and Utah are two states that are governed by this rule. The other type is pure comparative fault. It allows victims to recover damages even if they are found to be 99 percent at fault.

Statute of Limitations

In most situations, a person is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the crash. However, these lawsuits must, be filed within the statute of limitations, or else the victim's claim will be barred forever.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle, and it is all about the trigger event in the case - the incident or accident which caused the injury. Thus, knowing precisely when the clock will begin to tick is crucial for the proper application of this important legal requirement.

In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. In some cases the timeline may be shortened. In the event that a child is involved, as in, the statute is paused until the child is emancipated, which can be accomplished by marrying or reaching the age of 18, usually two years after the incident. There are exceptions to this and experienced lawyers can assist with the specifics.

Representation

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

We can assist you in determining the parties responsible for the cause of a motor vehicle crash and help you pursue compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including wrongful death cases.

Our commercial motor vehicle accidents vehicle practice provides advice to manufacturers national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit assessments and actively manage the discovery process. We also apply trial-ready techniques to ensure an acceptable client outcome whether it's a summary disposition or favourable final verdict. Our team of lawyers advises franchised motor vehicles as well as truck dealers on issues relating to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs, as well as relocations.