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Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages are reduced by the percentage of the fault. The jury will make this decision in accordance with the evidence they are presented.

To be liable for an injury, the defendant must be negligent at the time of the incident. Liability is based on the extent to which negligence caused the accident.

Liability

The goal of a motor vehicle accident claim is to recover damages from the party who caused the damages and injuries caused by their negligence. Unless the injured victim lives in one of the few states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit must demonstrate that a defendant's careless actions or failure to act caused a collision and the resulting bodily injury.

An experienced attorney can help you determine whether the person at fault or a different defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's responsibility using tort liability principles. This includes a defendant's duty to the victim, the defendant's violation of this duty actual and direct causation and injuries.

Additionally, a knowledgeable lawyer can assist you in determining the extent of liability in cases where the insured driver or the owner of the vehicle may be the subject of an action. Most insurance policies for automobiles provide an affirmative guarantee of coverage to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of out-of-pocket expenses incurred and also the potential for future losses to arise due to the injuries suffered. These are known as non-economic and economic damages.

The former covers things such as medical expenses and lost income while the latter is compensation for things that are more intangible like pain and suffering. It is often difficult to determine an exact dollar value to damages that are not economic such as mental anguish and loss of enjoyment life.

Your lawyer will help you determine the amount of damages by using a variety methods. This may include retaining accident reconstruction experts who will examine police reports, photos witness statements, and other evidence in order to reconstruct the crash.

Your lawyer will also help your claim by getting expert opinions that detail the economic and noneconomic implications of your injuries. This will include estimates of the cost for future care and assistance along with wage projections and other financial aspects. This is necessary to ensure that you are fully compensated for losses you have incurred and will suffer in the future.

Comparative Fault

In a car accident, a system known as comparative blame (or contributory negligence) determines the amount of blame the injured party is accountable for. In many cases, it's an important issue that your lawyer will have to prove.

The majority of states have some version of a a comparative blame rule that allows victims to seek compensation even if share in the blame for an accident. The amount of compensation will be determined by their level of blame. If, for example a jury awards $100,000 for your injuries but finds that you're at 40 percent responsible, you will only receive $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is the 50 bar rule. This rule prevents the injured party from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that adhere to this rule. Another variation, known as pure comparative negligence, permits victims to seek damages if they are found to be 99% responsible.

Statute of Limitations

In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the party who caused the accident. However the lawsuits must be filed within the time frame, known as the statute of limitations, or the victim's legal claim will be barred and forfeited for ever.

The statute of limitations is not a factor in whether or whether an insurance company for the defendant will settle the case. It's all about the initial incident that led to the case, or the incident or accident which caused the injury. Determining the exact time the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. In some instances the timeline may be shortened. For instance, in cases where minors are involved, the limitation period is paused until the child is legally emancipated after marriage or turning 18 which is usually two years following the accident. Other exceptions exist and experienced lawyers can assist with the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities on matters related to motor vehicle accident lawyer vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities such as electricity, water, and sewer services. We also represent transportation businesses, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle accident lawsuit car accident case, we can help determine the responsible parties and assist you in the pursuit of compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, as well as cases of wrongful deaths.

Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessments and actively manage the discovery process. We also apply trial-ready expertise to achieve an outcome that is favorable to the client, be it a summary resolution 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 that involve terminations of dealerships, the addition of points, warranty and incentive audits, as well as relocations.