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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's award is reduced by their percentage of fault. This is determined by the jury on the basis of evidence presented to them.

To be held accountable for personal injuries, the defendant has to be negligent during the incident. The amount of liability is determined by the extent to which negligence caused the accident.

Liability

The purpose of a motor vehicle Accident attorneys crash claim is to recover damages from the other party to compensate for 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 the filing of an auto or trucking accident lawsuit must prove that the negligent act of a defendant or inaction resulted in a collision and corresponding bodily injury.

An experienced lawyer can help you determine whether the driver at fault 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 responsibility by relying on tort liability rules. This includes a defendant's obligation to the victim, a defendant's infraction of this duty, actual and direct causation and injuries.

A skilled lawyer can help analyze liability in situations where the insured driver or owner of the vehicle are involved in a lawsuit. The majority of insurance policies for automobiles provide coverage to anyone who operates the vehicle with the approval of the owner, with certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing a detailed account of the out-of-pocket expenses that were incurred and also future losses that are expected to arise from the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles such as pain and suffering. It is often difficult to assign an exact amount to non-economic damages like mental distress and the loss of enjoyment life.

Your lawyer will assist in formulating your damages with the use of a variety of methodologies. This may include retaining accident reconstruction experts who review police reports, photographs witness statements, and other evidence to reconstruct the crash.

Your lawyer will also support your claim with expert opinion that outline the economic and non-economic effects of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial factors. They are required to ensure you are fully compensated for the loss you've suffered and will suffer in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence, determines the amount of fault that an injured party can be held responsible for a car crash. In many instances, it's a crucial issue that your lawyer will have to prove.

Most states use some type of a comparative fault rule that allows victims to seek compensation even if they are a part of the blame for an accident. The amount of the settlement will be based on their level of responsibility. If, for instance, a jury awards $100,000 for your injuries, and then determines that you are 40 percent responsible, you will only receive $60,000.

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

Statute of limitations

In the majority of situations, a person is injured in a car crash is legally entitled to file a lawsuit against the party who caused the crash. However these lawsuits must be filed within a specific timeframe known as the statute of limitations, or the victim's legal claim will be barred and forfeited forever.

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 trigger event in the case, which is the incident or accident which caused the injury. So, knowing exactly when the clock starts to run is crucial in the proper application of this important legal rule.

In New York, those injured in car accidents have up-to three years to bring a personal injury lawsuit. This timeline may be shortened in some circumstances, however. For instance, in cases where a minor is involved, the time limit for a lawsuit is suspended until the child becomes emancipated by getting married or turning 18 which is typically two years following the accident. There are other exceptions, and a skilled attorney can offer advice on the particulars.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities, such as gas, electric and water/sewer services. We also represent transportation companies like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can assist you in determining the parties responsible for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer accidents, including the wrongful deaths.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on product liability and auto accident claims. We manage pre-suit evaluations and assist in the discovery process. We also employ trial-ready skills to achieve the best possible client outcome, be it a summary resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident law firms truck, motorcycle and vehicle dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, and relocations.