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Motor Vehicle Litigation

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

In order to be held liable for personal injuries the defendant must have been negligent in the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The purpose of a motor crash claim is to seek compensation from the other party in exchange for injuries and losses caused by their negligence. A lawsuit for a car or trucking collision will require that the injured party prove that the defendant's negligent acts or failure to act led to a collision, and the bodily injury that resulted from it.

An experienced lawyer can help you determine whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's responsibility using tort liability principles. This includes a defendant's duty to the victim, a defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.

A skilled lawyer can also assist in determining liability in cases in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, with certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is typically accomplished by providing a detailed record of expenses out of pocket as well as future losses that are expected to arise due to the injuries that were sustained. These are called economic and noneconomic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles, such as suffering and pain. It is difficult to establish an amount of money on the non-economic damage, such as mental suffering and loss of enjoyment.

Your lawyer will help you determine the amount of damages by using a variety of methods. This could include retaining accident reconstruction experts who examine police reports, photos, witnesses' testimony, and other evidence to reconstruct the accident.

Your attorney will also help to support your case with expert opinions detailing the economic and other impacts of your injuries. This will include estimates of the cost for future care and support along with wage projections and other financial considerations. These are crucial to ensure that you are fully compensated for any losses you've suffered and continue to suffer in the future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the amount of fault that an injured party is responsible for. It's an important issue in a lot of cases and something your attorney may be required to prove.

Many states have a type of a comparative fault system that allows victims to receive compensation regardless of their share of blame is an accident. The amount of compensation will be based on the level of responsibility. So, for example the case where a judge gives you $100,000 for your injuries but finds you are 40 percent at fault, you'd only receive $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is the 50% bar rule. This bar rule blocks an injured party from receiving compensation if they are responsible for more than 50%. This is the practice of several states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to seek damages even if they are found to be 99 % at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car crash is entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within the timeframe of limitations or else the victim's claim is forever barred.

The statute of limitations does not have anything to determine whether or not the insurer of the defendant will settle, and it is all about the triggering event that initiated the case, which is the incident or accident that caused the injury. Therefore, knowing exactly when the clock begins to run is crucial in the proper application of this important legal requirement.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. This time frame can be reduced in certain circumstances, however. If a child is involved, as in the statute is suspended until the child is free, which is achieved by marrying or reaching the age of 18 usually two years after the incident. There are other exceptions, and a knowledgeable lawyer can advise on the specifics.

Representation

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

We can assist you in determining the parties responsible for an accident involving a motor vehicle accident vehicle and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including death by negligence.

Our practice in commercial motor vehicle accident Law firm vehicles provides advice to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessment and proactively manage discovery. We utilize trial-ready expertise to ensure an optimal client outcome, whether through an informal resolution or a favorable final decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues related to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.