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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage fault. This is determined by the jury based on evidence presented to them.

To be held liable for personal injuries, the defendant has to have been negligent during the incident. The degree of liability is determined by amount of negligence that contributed to the accident.

Liability

The aim of a motor vehicle accident attorney crash claim is to seek compensation from the other party to compensate for injuries and losses that were caused due to their negligence. A lawsuit for a car or trucking crash will require that the victim of the accident prove that the defendant's negligence or inaction led to a collision, and the bodily injuries that resulted.

An experienced lawyer can assist you in determining the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's responsibility by relying on tort liability rules. This includes a defendant's duty to the victim, the defendant's violation of this duty direct and real causation and injuries.

Additionally, a experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle could be involved in lawsuits as well. Most insurance policies for automobiles offer coverage to anyone who uses the vehicle with the permission of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by a plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses and the loss that is expected as a result of the injuries sustained. These are known as economic and non-economic damages.

The former covers things such as medical bills and Motor Vehicle Accident lost income while the latter is compensation for more intangible things such as suffering and pain. It can be difficult to determine a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment.

Your attorney will assist in the calculation of your damages by making use of a variety of methodologies. This may include retaining experts in accident reconstruction who will look over police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim with expert opinions detailing the economic and other impacts of your injuries. This will include estimates of future care and support costs, wage projections, and other financial aspects. These are essential to ensure you are fully compensated for the losses you've suffered and will encounter in the near future.

Comparative Fault

In a car accident, a system known as comparative blame (or contributory negligence) determines the amount of blame an injured party is responsible for. This is a major issue in many cases and one that your attorney could have to prove.

Most states implement some kind of a comparative fault rule, which allows victims to pursue compensation even if they share the blame for an accident. However, the amount of their settlement will be lowered by their level of fault. So, for example If a jury will award you $100,000 for injuries, but determines that you're 40% at fault, you'd only get $60,000.

However, the law is more complicated than that, because there are two distinct varieties of modified comparative fault rules. The first is referred to as the 50 bar rule, which bars an injured party from receiving damages in cases where they are more than 50% at fault. It is followed by certain states, such as Colorado and Utah. The other type is pure comparative fault, which permits victims to seek damages even if they are found to be 99 percent at fault.

Statute of Limitations

In the majority of situations, motor vehicle accident a person is injured in a car crash is entitled to file a lawsuit against the person responsible for the accident. However, these lawsuits must, be filed within the prescribed time of limitations or else the claim of the victim is forever barred.

The statute of limitations does not affect whether or the insurance company of the defendant will settle the case. It is all about the first incident that led to the case, whether it was an incident or accident which caused the injury. Therefore, knowing exactly when the clock will begin to tick is vital for the proper application of this important legal requirement.

In New York, people who suffer injuries in car crashes generally have three years to bring personal injury lawsuits. In some instances, this timeline can be shortened. For instance, in situations where minors are involved the statute of limitations is suspended until the child becomes free by marrying or turning 18 which is typically two years after the date of the accident. Other exceptions exist, and experienced attorneys can assist with the specifics.

Representation

We have years of experience representing and advising utilities and public entities in matters related to 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 businesses like taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the parties responsible for accidents involving motor vehicles and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We manage pre-suit evaluations and actively manage the discovery process. We also use trial-ready skills to achieve an outcome that is favorable to the client whether it's a summative decision or a favorable final verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, as well as relocations.