Motor Vehicle Litigation

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

To be held accountable for an injury the defendant must have been negligent at the time of the incident. The amount of liability is determined by the extent to which negligence caused the accident.

Liability

The purpose of a motor vehicle attorney accident claim is to recover damages from the other party for injuries and losses caused due to their negligence. If the injured party is not in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must prove that the negligent act of a defendant or failure to act caused a collision and an injury to the body.

An experienced lawyer can assist you in determining whether the driver at fault or any other defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's capacity to establish their defendant's liability based on the principles of tort liability that include a defendant's responsibility to the plaintiff, the breach of this duty, actual and proximate cause, and injuries.

A skilled lawyer can also assist in determining liability in cases where the insured driver or owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies include an affirmative guarantee of coverage to anyone driving the vehicle with owner's permission with certain limitations. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawyer vehicle suit must establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing detailed documentation of expenses out of pocket as well as the potential for future losses to arise as a result of the injuries that were sustained. These are called economic and noneconomic damages.

The former is for things like medical expenses and lost income, while the latter pays for intangibles like pain and suffering. It is difficult to establish an amount of money on non-economic losses, like mental distress and motor vehicle litigation loss of enjoyment in life.

Your attorney will assist to determine your damages 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 reconstruct the way in which the accident took place.

Your lawyer will also aid your claim by seeking expert opinions on the economic and noneconomic effects of your injuries. This will include estimates of the cost for the future of care and support, wage projections, and other financial aspects. These are essential to ensure that you're fully compensated for the loss you've incurred and encounter in the near future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence - defines the amount of fault an injured party can be accountable for a car crash. This is a major issue in a variety of cases and one that your attorney could be required to prove.

Many states have a type of a comparative fault system that allows victims to be compensated even if a portion of the blame is for an accident. However, the amount of their settlement will be reduced by their level of fault. So, for example when a jury will award you $100,000 for injuries, but concludes that you're 40% at fault, you would receive only $60,000.

However, the law is more complex than that since there are two distinct kinds of modified rules of comparative fault. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they're at fault for more than 50 percent. This is the practice of several states, including Colorado and Utah. Another variant is pure comparative fault, which allows victims to seek damages even if found to be 99 % at fault.

Statute of limitations

In most instances, the person who was injured in a car crash can make a claim. However these lawsuits must be filed within a specified time period, referred to as the statute of limitations or the claim of the victim is deemed to be void and barred for life.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle, and everything to do with the trigger event that started the case - the incident or accident which caused the injury. Calculating the exact time that the clock starts to tick is crucial to ensure respecting this important rule.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. This timeline may be shortened in certain circumstances, but. For example, in cases where a minor is involved, the statute of limitations is suspended until the child is fully emancipated through marriage or turning 18 which typically takes two years after the date of the accident. There are also exceptions and experienced lawyers can help you understand the particulars.

Representation

We have years of experience representing and advising public utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including electricity, water, and sewer services. We also represent transportation organizations like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases involving rates, motor vehicle litigation fees and service.

We can assist you in determining the parties accountable for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on their product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and are proactive in managing the discovery process. We also employ trial-ready expertise to achieve an acceptable client outcome whether it's a summary decision or a favorable final decision. Our team assists franchised motor vehicle claim vehicles motorbikes, truck dealers and motorcycles on issues that concern dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.