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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 fault. This is decided by the jury based on evidence presented to them.

To be held accountable for personal injuries the defendant must have been negligent during the incident. The amount of liability is determined by the degree of negligence which contributed to the incident.

Liability

The purpose of a vehicle accident claim is to seek damages for damages and injuries caused by another party's negligence. A lawsuit arising out of an auto or trucking crash will require that the victim's claim be proven that the defendant's negligent actions or failure to act resulted in a collision and the resulting bodily injury.

An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant's obligation to the victim, a defendant's violation of this duty actual and direct causation and injuries.

Additionally, a skilled lawyer can assist in 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 provide coverage to any person who drives 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 accident attorneys vehicle lawsuit will prove the damages incurred by the plaintiff. This is typically accomplished by providing a detailed account of the out-of-pocket expenses that were incurred and also future losses that are expected to result from the injuries that were sustained. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income as well as compensation for intangibles such as pain and suffering. It is difficult to put the dollar value of non-economic damages, such as mental distress and loss of enjoyment.

Your attorney will assist to determine your damages through a variety of ways. This could include hiring accident reconstruction experts who analyze photos, police reports witness statements, and other evidence to reconstruct the accident.

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 the cost for future care and support, wage projections and other financial factors. These are essential to ensure that you are compensated fully for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

In the event of a car crash, a system known as comparative blame (or contributory negligence) determines the amount of blame an injured person is responsible for. In many cases, it's an important issue that your lawyer will have to prove.

Most states adopt some kind of a comparative fault rule, which permits victims to claim compensation even if they share in the blame for an accident. But the amount of their settlement will be lowered by the degree of fault. So, for example, if a jury will award you $100,000 for injuries, but finds that you're 40 percent at fault, you'd only get $60,000.

However, the law is much more complex than that, because there are two distinct forms of modified rules of comparative fault. The first is known as the 50 bar rule, which prohibits an injured party from claiming damages if they are more than 50% at fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault, which permits victims to claim damages even if found to be 99 % at fault.

Statute of limitations

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

The statute of limitations has nothing to have anything to do with whether the insurance company of the defendant will settle it, and has everything to do with the initial triggering event in the case, which is the incident or accident that caused the injury. The exact time at which the clock starts to run is essential for the compliance of this crucial rule.

In New York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. The timeframe may be reduced in some circumstances, however. For instance, in situations where minors are involved the limitation period is paused until the child becomes fully emancipated through marriage or reaching age 18, which typically takes two years after the accident. There are other exceptions, and motor vehicle accident attorney a knowledgeable lawyer can advise on the specifics.

Representation

We have extensive experience in consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water, and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and fees.

In a motor vehicle accidents vehicle collision case, we can help identify the responsible parties and assist you in your pursuit of compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as death by negligence.

Our practice in commercial motor vehicles offers advice to national leasing companies and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready skills to achieve an acceptable client outcome whether it's a summative resolution or a favorable final decision. Our team assists franchised Motor Vehicle Accident Attorney vehicles motorbikes, truck dealers and motorcycles on issues related to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.