Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's are reduced by the percentage of fault. This is determined by jurors based on evidence presented to them.

To be held liable for injuries, the defendant must be negligent at the time of the incident. The degree of liability is determined by degree of negligence which contributed to the incident.

Liability

The goal of a motor vehicle accident claim is to seek damages for the damages and injuries caused by the negligence of a third party. Unless the victim is in one of the few states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that a defendant's careless actions or inaction caused a collision with injuries to the body.

An experienced attorney can help you determine whether the driver who caused the accident or motor vehicle accident law firms another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's responsibility by relying on tort liability rules. This includes a defendant's duty to the victim, the defendant's breach of this duty, direct and immediate causation as well as injuries.

Additionally, a experienced lawyer can assist with determining the extent of liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit, too. The majority of insurance policies for automobiles include an affirmative protection to anyone operating the vehicle under the owner's permission subject to certain exclusions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuits vehicle lawsuit will establish the damages incurred by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses incurred, as well as the loss that is expected due to the injuries sustained. These are referred to as non-economic and economic damages.

The former covers things like medical expenses and lost income and the latter is for intangibles such as suffering and pain. It can be difficult to determine an amount in dollars for the non-economic damage, such as mental distress and loss of enjoyment.

Your lawyer will assist in the calculation of your damages through the use of a variety. This includes retaining experts in the field of accident reconstruction who review images of the scene, police reports, witness testimony and other evidence to determine the circumstances of the crash.

Your attorney will also be able to support your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. This will include estimates of future medical and support costs, wage projections and motor vehicle accident Law firms other financial aspects. They are required to ensure you are fully compensated for the loss you've suffered and will be able to recover in the future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence - determines the amount of fault an injured person could be accountable for a car crash. This is a major issue in a number of cases, and something that your attorney might be required to prove.

Most states have a form of a comparative fault law that allows victims to receive compensation even if a portion of blame is an accident. The amount of the settlement will be determined by their level of responsibility. If, for instance, an appeals court awards $100,000 for your injuries, and then determines that you're at 40 percent at fault, you'll only receive $60,000.

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

Statute of Limitations

In most instances, a person injured who is injured in a car crash may file a lawsuit. These lawsuits must, however, be filed within the statute of limitations, or else the claim of the victim will be barred forever.

The statute of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It's all about the event that triggered the case, whether it was an incident or accident that caused the injury. Therefore, knowing exactly when the clock will begin to run is crucial in to ensure compliance with this important legal rule.

In New York, those injured in car accidents have up to three years to make a personal injury claim. In some cases the timeline may be reduced. For instance, in cases where a minor is involved the statute of limitations is suspended until the child is emancipated by getting married or reaching age 18, which is usually two years after the incident. There are other circumstances, and a seasoned attorney can give advice on the particulars.

Representation

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

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

Our commercial motor vehicle practice advises manufacturers, national leasing companies and national logistics companies regarding product liability and auto accident claims. We manage pre-suit assessments, proactively manage discovery and utilize trial-ready expertise to ensure an optimal client outcome regardless of whether it is through the summary decision or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, as well as relocations.