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Motor Vehicle Litigation

In the majority of motor vehicle accident law firms vehicle crash cases, the plaintiff's damages award is lowered by their percentage of fault. The jury will decide this on the basis of the evidence they are presented with.

To be held responsible for personal injury the defendant must be negligent during the incident. Liability is based on the extent to which negligence contributed to the accident.

Liability

The aim of a motor crash claim is to seek compensation from the other party in exchange for losses and injuries caused through their negligence. A lawsuit for an automobile or trucking crash will require that the injured victim prove that the defendant's negligent acts or inaction led to a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining 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 fault using tort liability principles. This includes a defendant’s duty to the victim, a defendant's breach of this duty, direct and immediate causation as well as injuries.

A skilled lawyer can also help analyze liability in situations in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the approval of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket and future losses that are expected as a result of the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things such as medical bills and lost income. The second is compensation for more intangible things like pain and suffering. It can be difficult to put the dollar value of non-economic damages, such as mental distress and loss of enjoyment in life.

Your attorney will assist you determine the amount of damages by through a variety of ways. This includes retaining experts in the field of accident reconstruction who review photographs of the scene, police reports, witness testimony, and other evidence to reconstruct how the accident occurred.

Your lawyer will also strengthen your claim by providing expert opinions detailing the economic and other impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections and other financial aspects. These are essential to ensure 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 extent to which an injured person can be held responsible for in a car accident. In many instances, it's a crucial issue that your attorney will have to prove.

Most states have a form of comparative fault rule which allows victims to be compensated even if a portion of the blame lies with an accident. The amount of compensation will be based on the level of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, and then determines that you're 40 percent responsible, you'll only receive $60,000.

However, the law is more complicated than that, as there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This rules out the injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant, called pure comparative negligence, permits victims to seek damages if they're found to be 99% at fault.

Statute of limitations

In the majority of instances, a person who is injured in a car accident is eligible to file a claim against the party responsible for the crash. However these lawsuits must be filed within a certain period of time, also known as the statute of limitations, or the victim's legal claim will be forfeited and barred forever.

The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It's all about the first incident that brought about the case, whether it was an incident or accident which caused the injury. Therefore, knowing exactly when the clock starts to tick is crucial for the proper application of this important legal rule.

In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits. The timeframe may be reduced in certain circumstances, but. For instance, in cases where a minor is involved the statute of limitations is suspended until the child becomes fully emancipated through marriage or turning 18 which is usually two years after the date of the accident. There are exceptions to this and experienced attorneys can assist with the specifics.

Representation

We have extensive experience in as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues involving rates, service and charges.

In a motor vehicle accident case, we can help identify the parties responsible and support you in your pursuit of compensation. Our firm assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics firms on auto accidents and product liability claims. We manage pre-suit evaluations and proactively manage the discovery process. We also apply trial-ready techniques to ensure the best possible client outcome whether it's a summary decision or a favorable final verdict. Our team advises franchised motor vehicles and motorcycle dealers on issues relating to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.