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Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages award is reduced by their percentage of the fault. The jury will make this decision on the basis of the evidence they receive.

In order to be held liable for personal injury the defendant must be negligent during the incident. The amount of liability is determined by the degree to which the negligence contributed to the accident.

Liability

The aim of a motor accident claim is to recover damages for the injuries and losses caused by the negligence of another party. A lawsuit for an automobile or trucking collision will require that the injured victim prove that the negligent actions of the defendant or inaction resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can assist you in determining whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accidents cases rely on the plaintiff's ability to establish their defendant's liability based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the defendant's violation of that duty, real and proximate causation and injuries.

A skilled lawyer can also assist in determining the liability of a situation where the insured driver or owner of the vehicle are involved in a lawsuit. Most automobile insurance policies grant protection to those who operate the vehicle with the permission of the owner, with certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses that are likely to arise from the injuries suffered. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income as well as compensation for intangibles like pain and suffering. It can be difficult to put the dollar value of the non-economic damage, such as mental distress and loss of enjoyment in life.

Your attorney will assist to determine your damages using a variety of methods. This could include retaining accident reconstruction experts who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the crash.

Your lawyer will also support your claim with expert opinions that outline the economic and non-economic consequences of your injuries. This includes estimates of future medical and support costs, wage projections and other financial considerations. These are essential to ensure that you are completely compensated 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 extent to which an injured person is held responsible for in a car accident. It's a crucial issue in many cases and something your attorney may have to prove.

Most states have a form of a comparative fault law that allows victims to be compensated regardless of their share of blame is an accident. The amount of the settlement will be determined by their level of blame. For example the case where a judge will award you $100,000 for injuries, but finds that you're 40% at fault, you'd receive only $60,000.

However, the law is more complex than that as there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This rules out an injured party from receiving compensation if they are at fault for more than 50 percent. This is the practice of several states, including Colorado and Utah. The other type is pure comparative fault, which permits victims to claim damages even if they are 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 person responsible for the crash. However the lawsuits must be filed within a specified period of time, also known as the statute of limitations or the victim's legal claim is forfeited and barred for life.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle or not, and it is all about the triggering event that initiated the case - the incident or accident that caused the injury. Thus, knowing precisely when the clock begins to tick is vital for making sure that you are in compliance with this crucial legal rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In certain instances this time frame can be reduced. For instance, in situations where a minor is involved, the statute of limitations is suspended until the child is free by marrying or Motor Vehicle Litigation reaching age 18, which typically takes two years following the accident. There are other exceptions, and a knowledgeable attorney can offer advice on the particulars.

Representation

We have years of experience representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as water, electricity and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and charges.

In a motor vehicle claim vehicle collision case, we can help determine the parties at fault and support you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include wrongful deaths.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, and national logistics firms on car accidents and product liability claims. We handle pre-suit assessments as well as proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients whether that is through a the summary decision or a favorable final decision. Our team advises franchised motor vehicle legal vehicles as well as truck dealers on issues related to factory-dealer relations and represents them at New motor vehicle lawyers Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.