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Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits vehicle crash cases, the plaintiff's damages are reduced by the percentage of the fault. This is decided by the jury based on the evidence presented to them.

In order to be held liable for a personal injury, the defendant has to have been negligent during the incident. Liability is determined based on the degree of negligence which contributed to the accident.

Liability

The purpose of a motor vehicle accident claim is to seek compensation from the party who caused the injuries and losses caused by their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit will require showing that the negligent act of a defendant or failure to act resulted in a collision, and injuries to the body.

An experienced lawyer can assist you in determining whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant's duty to the victim, defendant's infraction of this duty, direct and actual causation, and injuries.

Additionally, a experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the owner of the vehicle might be involved in lawsuits as well. The majority of automobile insurance policies provide protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is typically done by providing detailed documentation of expenses out of pocket as well as future losses that are likely to arise as a result of the injuries sustained. These are known as non-economic and economic damages.

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

Your lawyer will assist you calculate your damages using a variety methods. This may include hiring accident reconstruction experts who review police reports, photographs, witnesses' testimony, and other evidence to reconstruct the accident.

Your lawyer will also help your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. These will include estimates of future healthcare and support costs, wage projections, and other financial aspects. They are crucial to ensure that you are compensated fully for any losses you've suffered and continue to experience in the near future.

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. In many cases, it's an important issue that your lawyer must prove.

Most states use some type of a comparative fault rule, which allows victims to pursue compensation even if they have a share of the blame in an accident. The amount of compensation will be based on their degree of fault. For instance when a jury awards you $100,000 for your injuries, but determines that you're 40 percent at fault, you'd receive only $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is the 50% bar rule. This bar rule blocks the injured party from receiving compensation if they are at fault for more than 50%. Colorado and Utah are two states that follow this rule. Another variant 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 most cases, a person who is injured in a car accident is legally entitled to file a lawsuit against the person responsible for the crash. These lawsuits must, however, be filed within the prescribed time of limitations, or else the claim of the victim is forever barred.

The statute of limitations is not a factor in whether or whether an insurance company representing the defendant will settle the case. It is focused on the primary incident that led to the case, whether it was an incident or accident that caused the injury. Thus, knowing precisely when the clock begins to run is crucial in making sure that you are in compliance with this crucial legal rule.

In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. In certain cases the timeline may be shortened. In cases where a child is involved, as in, the statute is paused until the child becomes emancipated, which can be accomplished by marrying or reaching the age of 18 typically two years after the incident. There are other exceptions and experienced attorneys can advise on the specifics.

Representation

We have significant experience advising and representing public agencies and utilities in relation to motor vehicle accident lawsuits vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities like electric, gas and water/sewer services. We also represent transportation organizations, such as taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle accident instance, we are able to identify the parties responsible and assist you in your pursuit of compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies on car accidents and product liability claims. We manage pre-suit evaluations and assist in the discovery process. We also employ trial-ready expertise to achieve a favorable client outcome which could be a summary decision or a favorable verdict. Our team assists franchised motor vehicles as well as truck dealers on issues related to dealer-factory relationships and also represents them at New motor vehicle accident law firm Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.