Motor Vehicle Litigation

In the majority of motor vehicle accident law firm vehicle crash cases, the plaintiff's damages are reduced by the percentage of the fault. The jury will decide this based on the evidence they are presented with.

To be liable for a personal injury the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree to which negligence contributed to the accident.

Liability

The purpose of a accident claim is to recover damages for the damages and injuries caused by the negligence of a third party. If the injured party is not in one of the states that operate under a no-fault system of insurance and a trucking accident lawsuit will require showing that the defendant's negligent actions or inaction caused a collision and an injury to the body.

An experienced lawyer can help you determine if the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the breach of this duty, the actual and proximate causation, and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle might be involved in a lawsuit, too. The majority of automobile insurance policies provide protection to those who operate the vehicle with the consent of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle accident law firm vehicle lawsuit must prove the damages suffered by a plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket that are 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 bills and lost income, while the second is compensation for things that are more intangible like suffering and pain. It is difficult to quantify a dollar amount on the non-economic damage, such as mental suffering and loss of enjoyment.

Your lawyer will help to calculate the damages you have suffered through a variety of ways. This could include retaining accident reconstruction experts who will review police reports, photographs, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your attorney will also help to support your claim with expert opinions outlining the economic and non-economic effects of your injuries. This includes cost estimates for future care and support, wage projections and other financial factors. These are vital to ensure that you are fully compensated for any loss you've suffered and will continue to be afflicted in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence - determines how much fault an injured party can be accountable for a car crash. This is a major issue in many cases and something your lawyer may be required to prove.

Most states use some type of a comparative fault rule, which allows victims to seek compensation even if share the blame for an accident. The amount of compensation will be determined by the level of fault. If, for example an award of $100,000 is made by a jury for your injuries, but decides that you're 40 percent responsible, Motor Vehicle Accident Law Firm you'll only receive $60,000.

However, the law is more complex than that, because there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they're at fault for more than 50%. It is a rule that is followed by some states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to recover damages even if they are found to be 99 % at fault.

Statute of limitations

In the majority of cases, a person is injured in a car accident is eligible to file a claim against the person responsible for the crash. However, these lawsuits must, be filed within the prescribed time of limitations or else the claim of the victim will be forever barred.

The statute of limitations does not have anything to determine whether or not the defendant's insurance company will settle it, and has everything to do with the initial triggering event in the case, which is the incident or accident which caused the injury. Therefore, calculating exactly when the clock begins 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. In some instances this time frame can be reduced. If a child is involved, Motor vehicle accident law firm such as, the statute is paused until that child is emancipated, which can be achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and a skilled lawyer can advise on the particulars.

Representation

We have extensive experience advising and representing utilities and public entities on matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities like electric, water and gas services. We also represent transportation companies including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor vehicle collision case, we will help identify the parties responsible and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including wrongful death cases.

Our commercial motor vehicle accident attorneys vehicle practice advises manufacturers, national leasing companies, and national logistics companies regarding product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and assist in the discovery process. We also use trial-ready skills to achieve an outcome that is favorable to the client, be it a summary decision or a favorable 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 which involve dealership terminations, adding points warranty and incentive audits, and relocations.