motor vehicle accident lawsuit Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's amount is reduced by their percentage of fault. The jury will determine this on the basis of the evidence they receive.

To be held liable for personal injuries, the defendant has to have been negligent in the incident. The amount of liability is determined by the degree of negligence that contributed to the incident.

Liability

The goal of a motor accident claim is to seek damages for damages and injuries caused by the negligence of another party. If the injured party is not in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit will require showing that a defendant's careless actions or failure to act resulted in a collision and injuries to the body.

An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability establish their defendant's liability based on the principles of tort liability and include a defendant's duty to the plaintiff, the defendant's breach of that duty, real and proximate causation and injuries.

A knowledgeable lawyer can assist you in determining the liability in cases where the insured driver or owner of the vehicle may be involved in a lawsuit as well. Most automobile insurance policies contain an affirmative provision of protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor Vehicle accident lawyers vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses incurred, as well as the loss that is anticipated due to the injuries suffered. These are called economic and non-economic damages.

The former covers things like medical expenses and lost income. The second is compensation for more intangible issues like pain and suffering. It is difficult to put an amount in dollars for non-economic damages, such as mental suffering and loss of enjoyment.

Your lawyer will assist you in formulating your damages with the use of a range of techniques. This includes retaining experts in reconstruction of accidents who examine photos of the scene, police reports, witness testimony and other evidence to understand how the accident occurred.

Your lawyer will also strengthen your claim by providing expert opinions outlining the economic and non-economic impacts of your injuries. These will include estimates of costs for the future of care and support, wage projections, and other financial considerations. These are vital to ensure that you are fully compensated for any losses you've suffered and will continue to be afflicted in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence determines the amount of fault an injured person is accountable for in a car accident. It's a crucial issue in a variety of cases and something your attorney may need to prove.

Most states have a form of a comparative fault system that allows victims to receive compensation even if a portion of blame is an accident. But the amount of their settlement will be reduced by their level of blame. For instance, if an appeals court awards $100,000 for your injuries, and then determines that you are at least 40 percent responsible, you will only receive $60,000.

However, the law is much more complex than that as there are two distinct forms of modified rules of comparative fault. The first is known as the 50% bar rule, which prohibits the victim from claiming damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault, which allows victims to seek damages even if they are found to be 99 % at fault.

Statute of limitations

In most instances, an individual who has been injured who is injured in a car crash may bring a lawsuit. These lawsuits must, however be filed within the statute of limitations or the claim of the victim will be barred forever.

The statute of limitations does not have anything to have anything to do with whether the insurer of the defendant will settle the case, and everything to do with the initial triggering event in the case - the incident or accident that led to the injury. Calculating the exact time that the clock begins to run is essential for complying with this important rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. The timeframe may be reduced in certain circumstances, however. For instance, in cases where minors are involved, the limitation period is paused until the child becomes legally emancipated after marriage or turning 18 which is typically two years after the incident. There are other exceptions, and an experienced lawyer can advise on the specifics.

Representation

We have extensive experience providing advice and representation to public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities, such as 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.

We can assist you in determining the responsible parties for an accident involving a motor vehicle and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including wrongful deaths.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies about car accidents and product liability claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also use trial-ready expertise to achieve an acceptable client outcome whether it's a summary disposition or motor vehicle accident lawyers favourable final decision. Our team assists franchised motor vehicles as well as truck dealers on issues that concern dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.