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Motor Vehicle Litigation

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

To be held responsible for personal injury, the defendant has to have been negligent in the incident. Liability is based on the degree to which negligence caused the accident.

Liability

The goal of a claim for motor vehicle accidents is to collect damages from the other party for damages and injuries caused by their negligence. A lawsuit for Motor Vehicle Accidents a car or trucking accident will require that the victim's claim be proven that the defendant's negligent acts or inaction resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can help you determine if the driver at fault or another defendant is responsible for your losses. The majority of auto accident cases hinge on the plaintiff's ability to demonstrate the liability of their defendant on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the breach by the defendant of the duty, real and proximate causation and injuries.

A competent lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle are involved in a lawsuit. Most automobile insurance policies contain an affirmative grant of coverage for anyone who is operating the vehicle under the owner's permission with certain limitations. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuits vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses which are incurred, and also the loss that is expected as a result of the injuries suffered. These are referred to as economic and non-economic damages.

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

Your lawyer will assist you in calculating your damages through the use of a variety of methodologies. This may include retaining accident reconstruction experts who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial aspects. This is necessary to ensure you are fully compensated for the loss that you have suffered and suffer in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many instances, it's a crucial aspect that your lawyer will need to prove.

Most states have a form of comparative fault rule that allows victims to receive compensation regardless of whether their part of the blame is attributed to an accident. However, the amount of their settlement will be reduced according to their level of fault. For example If a jury awards you $100,000 for your injuries, but determines that you're 40 percent at fault, you'd be awarded only $60,000.

But the law is more complicated than that, since there are two distinct kinds of modified comparative fault rules. The first is the 50% bar rule. This rule prevents the injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other type, known as pure comparative negligence, allows victims to seek damages if they're found to be 99 per cent responsible.

Statute of Limitations

In most cases, an injured person in a car crash can sue. However these lawsuits must be filed within a specified time period, referred to as the statute of limitations or the victim's legal claim will be forfeited and barred for ever.

The statute of limitations does not have anything to have anything to do with whether the defendant's insurance company will settle the case, and everything to do with the trigger event that started the case, which is the incident or accident that caused the injury. Knowing the exact moment at which the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. This time frame can be reduced in certain situations, however. In cases where a child is involved, such as the statute is stopped until that child is emancipated, which can be achieved by marriage or at the age of 18, usually two years after the accident. There are other exceptions, and an experienced lawyer can advise on the particulars.

Representation

We have significant experience consulting and representing public entities and utilities on matters related to motor vehicle accident lawsuit vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as water, electricity and sewer services. We represent transportation companies, such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can assist you in determining the responsible parties for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, as well as the cases of wrongful death.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessments and actively manage the discovery process. We also employ trial-ready skills to obtain the best possible client outcome which could be a summary resolution or a favorable final decision. Our team advises franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.