Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are lowered based on their percentage of fault. This is decided by the jury on the basis of evidence presented to them.

To be held responsible for personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by the degree to which the negligence contributed to the accident.

Liability

The goal of a motor vehicle accident accident claim is to collect damages from the other party in exchange for injuries and losses that were caused by their negligence. A lawsuit for an auto or trucking crash will require that the victim of the accident prove that the defendant's negligence or inactions resulted in a collision and the bodily injury that resulted from it.

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 to prove the defendant's guilt using tort liability principles. This includes a defendant's obligation to the victim, a defendant's infraction of this duty, actual and direct causation and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies include an affirmative grant of insurance to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing detailed documentation of out-of-pocket expenses incurred and also future losses that are likely to result from the injuries suffered. These are referred to as economic or non-economic damages.

The former covers things such as medical bills and lost earnings, while the latter is a way to compensate for more intangible things like pain and suffering. Sometimes, it is difficult to assign a precise dollar value to non-economic damages such as mental anxiety and loss of enjoyment of life.

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

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. This will include cost estimates for future care and support as well as wage projections and other financial considerations. These are essential to ensure that you're completely compensated for Lawyers any losses you've suffered and will continue to suffer in the future.

Comparative Fault

In a car accident, a system known as comparative blame (or contributory negligence) determines the amount of fault that an injured party is responsible for. This is a major issue in a variety of cases and something that your attorney might be required to prove.

Most states have a form of a comparative fault system that allows victims to receive compensation regardless of their share of the blame is for an accident. However, lawyers the amount of their settlement will be reduced by the degree of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you're at 40% responsible, you will only receive $60,000.

However, the law is more complicated than that, since there are two distinct kinds of modified rules of comparative fault. The first is the 50 bar rule. This rule prevents the injured party from receiving compensation if they are at fault for more than 50 percent. It is used by certain states, such as Colorado and Utah. The other variant, called pure comparative negligence, permits victims to recover damages if they're found to be 99 percent at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car accident is entitled to file a lawsuit against the person responsible for the crash. These lawsuits must, however be filed within the timeframe of limitations or the claim of the victim will be barred forever.

The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case. It's all about the incident that led to the case, or the incident or accident that caused the injury. Calculating the exact time that the clock begins to run is essential for compliance with this important rule.

In New York, people who suffer injuries in car crashes generally have three years to bring personal injury lawsuits. In certain cases, this timeline can be shortened. For instance, in situations where minors are involved the statute of limitations is paused until the child becomes legally emancipated after marriage or reaching age 18, which typically takes two years after the accident. Other exceptions exist and experienced lawyers can help you understand the particulars.

Representation

We have significant experience consulting and representing public entities and utilities on matters related to motor 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 including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include fatalities caused by negligence.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessment and actively manage the discovery process. We also apply trial-ready skills to achieve the best possible client outcome whether it's a summary disposition or favourable final decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers on issues relating to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.