motor vehicle accident attorneys Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are diminished by their percentage of fault. The jury will determine this in accordance with the evidence they are presented with.

To be held accountable for an injury the defendant must be negligent at the time of the incident. The degree of liability is determined by the extent to which negligence caused the accident.

Liability

The aim of a claim for motor vehicle accidents is to recover damages from the other party to compensate for injuries and losses caused through their negligence. Unless the injured victim lives in one of the states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit requires that the negligence of a defendant or inaction caused a collision with injuries to the body.

An experienced attorney can help you determine if the driver at fault or a different defendant is accountable for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's negligence by relying on tort liability rules. This includes a defendant's obligation to the victim, motor vehicle accidents the defendant’s breach of this duty, direct and real causation and injuries.

A competent lawyer can assist in determining the liability of a situation where the insured driver or the owner of the vehicle is involved in a lawsuit. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the consent of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish damages suffered by the plaintiff. This is usually done by providing detailed information on the expenses out of pocket that are incurred, as well as future loss that will be anticipated due to the injuries suffered. These are referred to as economic and non-economic damages.

The former is for things like medical expenses and lost income, while the latter compensates for intangibles such pain and suffering. It is often difficult to assign an exact amount to non-economic damages such as mental anguish and the loss of enjoyment life.

Your lawyer will assist you in the calculation of your damages through the use of a range of techniques. This includes hiring experts in the field of accident reconstruction who review photographs of the scene, police reports, witness testimony, and other evidence to determine how the crash occurred.

Your lawyer will also strengthen your claim with expert opinions detailing the economic and other consequences of your injuries. These will include estimates of costs for the future of care and support, wage projections, and other financial aspects. These are essential to ensure you are compensated fully for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the amount of blame the person who was injured is accountable for. In many cases, it's an important issue that your attorney will have to prove.

The majority of states have some kind of comparative fault rule that allows victims to receive compensation regardless of whether their part of the blame is for an accident. However, motor vehicle accidents the amount of their settlement will be reduced based on their degree of fault. If, for instance, the jury awards $100,000 for your injuries, but determines that you're 40 percent responsible, you will only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they're responsible for more than 50 percent. It is followed by certain states, such as Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to seek damages in the event that they're found to be 99 percent responsible.

Statute of limitations

In most situations, a person is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the crash. However these lawsuits must be filed within the timeframe known as the statute of limitations, or the victim's legal claim will be barred and forfeited for life.

The statute of limitations has nothing to be concerned with whether or not the insurance company of the defendant will settle it, and has it is all about the trigger event that started the case, which is the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to tick is essential for making sure that you are in compliance with this crucial legal requirement.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. In some cases this time frame can be reduced. In cases where a minor is involved, for instance the statute is suspended until the child is legally emancipated. This can be achieved by marrying or reaching the age of 18, typically two years after the accident. There are also exceptions and seasoned lawyers can assist with the specifics.

Representation

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

We can assist you in determining the parties accountable for the cause of a motor vehicle crash and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including wrongful deaths.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies, and national logistics companies regarding product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients whether it's through a an informal resolution or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues. It also represents them in New motor vehicle accident law firms Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.