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Motor Vehicle Litigation

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

To be held accountable for personal injury the defendant must be negligent during the incident. Liability is determined by the degree to which negligence contributed to the accident.

Liability

The purpose of a claim for motor vehicle accidents is to obtain compensation from the party who caused the losses and injuries caused due to their negligence. Unless the injured victim lives in one of the states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and corresponding bodily injury.

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 to prove their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the defendant's violation of this duty, the actual and proximate causation, and injuries.

A knowledgeable lawyer can assist you in determining the extent of liability in cases where the insured driver or owner of the vehicle could be the subject of an action. Most insurance policies for automobiles offer coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuit vehicle lawsuit needs to establish damages suffered by the plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses which are incurred, and also the loss that is anticipated due to the injuries suffered. These are called economic and noneconomic damages.

The former covers things like medical expenses and lost income. The latter is a way to compensate for more intangible things like suffering and pain. It can be difficult to quantify the dollar value of non-economic losses, like mental distress and loss of enjoyment in life.

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

Your attorney will also be able to support your claim by getting expert opinions that detail the economic and noneconomic implications of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial considerations. This is necessary to ensure you are fully compensated for any losses you have incurred and will encounter in the near future.

Comparative Fault

A system referred to as comparative fault - or contributory negligence determines the amount of fault that an injured person could be accountable for a car crash. It's a key issue in a lot of cases and something that your attorney might be required to prove.

Most states use some form of a comparative fault rule that allows victims to claim compensation even if they are a part of the blame for an accident. But the amount of their settlement will be reduced based on their level of blame. So, for example the case where a judge awards you $100,000 for your injuries but finds you are 40 percent in the wrong, you'd receive only $60,000.

There are two distinct kinds of modified comparative fault rules. The first is known as the 50% bar rule, which blocks the victim from receiving damages if they are more than 50 percent at fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, allows victims to seek damages if they are found to be 99 per cent at fault.

Statute of limitations

In the majority of cases, a person who is injured in a car crash is allowed to file a lawsuit against the person who caused the accident. However the lawsuits must be filed within the timeframe known as the statute of limitations or the claim of the victim will be barred and forfeited forever.

The statute of limitation does not have anything to do with whether or not an insurance company for the defendant will settle the case. It's all about the first incident that led to the case, whether it was an incident or accident which caused the injury. Thus, knowing precisely when the clock will begin to tick is crucial for to ensure compliance with this important legal requirement.

In New York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. This time frame may be cut down in certain circumstances, however. If a child is involved, for instance, the statute is paused until the child is liberated, which is attained by marriage or when they reach the age of 18 usually two years after the incident. There are also exceptions and experienced lawyers can help you understand the particulars.

Representation

We have a wealth of experience representing utilities and public entities on matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including electricity, water, and sewer services. We also represent transportation companies like taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle accident instance, we are able to identify the responsible parties and support you in the pursuit of compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as wrongful death cases.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics companies on car accidents and product liability claims. We manage pre-suit assessments and are proactive in managing the discovery process. We also employ trial-ready skills to achieve a favorable client outcome whether it's a summary disposition or favourable final decision. Our team of lawyers advises franchised motor Vehicle accident attorney vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.