Motor Vehicle Accident Law Firm Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's award is lowered by their percentage of fault. The jury decides this based on the evidence they are presented with.

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

Liability

The purpose of a motor accident claim is to recover damages for injuries and losses resulting from the negligence of a third party. If the injured party is not in one of the few states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit must prove that the negligent act of a defendant or inaction caused a collision with the resulting 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. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's fault by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant’s infraction of this duty, actual and direct causation and injuries.

A competent lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle may be the subject of lawsuits as well. The majority of insurance policies for automobiles provide coverage to anyone who uses the vehicle with the permission of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is typically done by providing thorough evidence of the expenses that are incurred, as well as the future loss expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter covers more intangible issues like pain and suffering. It can be difficult to put the dollar value of non-economic losses, like mental suffering and loss of enjoyment.

Your lawyer will assist to calculate the damages you have suffered using a variety of methods. This includes retaining accident reconstruction experts who will review photos of the scene, police reports, witness testimony, and other evidence to reconstruct how the crash occurred.

Your lawyer will also support your claim with expert opinions outlining the economic and non-economic impacts of your injuries. This includes cost estimates for future care and assistance, wage projections and other financial aspects. These are essential to ensure you are fully compensated for losses you've incurred and encounter in the near future.

Comparative Fault

A system referred to as comparative fault or contributory negligence - determines how much fault an injured party can be accountable for in a car accident. It's a crucial issue in a lot of cases and something your lawyer may have to prove.

Most states have a form of comparative fault rule which allows victims to receive compensation even if their share of the blame lies with an accident. The amount of compensation will be determined by the level of fault. So, for example the case where a judge gives you $100,000 for your injuries but finds you are 40% at fault, you will receive only $60,000.

But the law is more complex than that since there are two distinct forms of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they are responsible for more than 50 percent. It is followed by certain states, such as Colorado and Utah. The other variant is called pure comparative fault, which permits victims to claim damages even if they are found to be 99 % at fault.

Statute of Limitations

In most cases, Motor Vehicle Accident Law Firm an injured person in a car crash can bring a lawsuit. However, these lawsuits must be filed within a certain timeframe of limitations or the claim of the victim will be forever barred.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle the case, and it is all about the trigger event that started the case, which is the incident or accident which caused the injury. So, knowing exactly when the clock will begin to tick is crucial for ensuring compliance with this important legal requirement.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. The timeframe may be reduced in certain circumstances, but. In the event that a child is involved, for example the statute is put on hold until the child is liberated, which is accomplished by marrying or reaching the age of 18 typically two years after the accident. There are other circumstances, and a seasoned attorney can offer advice on the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities on matters related to motor 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 represent transportation companies, such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and charges.

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

Our commercial motor vehicle accident lawyers vehicle practice offers advice to national leasing companies, and national logistics companies on product liability and automobile accident claims. We manage pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready skills to obtain the best possible client outcome whether it's a summative decision or a favorable decision. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers on issues that concern factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.