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Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. This is decided by jurors based on evidence presented to them.

To be held accountable for personal injuries the defendant must be negligent during the incident. Liability is determined by the degree to which the negligence caused the accident.

Liability

The goal of a motor accident claim is to obtain compensation from the party who caused the losses and injuries caused through their negligence. A lawsuit for an automobile or trucking crash requires that the victim's claim be proven that the defendant's negligent acts or inaction resulted in a collision and the bodily injuries that resulted.

An experienced attorney can assist you in determining whether the driver who caused the accident or other defendant is liable 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, defendant's failure to fulfill this duty, direct and real causation and injuries.

A skilled lawyer can assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies contain an affirmative provision of coverage to anyone operating the vehicle with the owner's permission with certain limitations. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses that are incurred, as well as future loss that will be expected due to the injuries sustained. These are known as non-economic and economic damages.

The former covers things like medical bills and lost earnings, while the latter is a way to compensate for more intangible things such as pain and suffering. Oftentimes, it can be difficult to determine a specific amount to non-economic damages such as mental anxiety and the loss of enjoyment life.

Your attorney will assist in calculating your damages through the use of a range of techniques. This may include hiring accident reconstruction specialists who will analyze photos, police reports, witnesses' testimony, and other evidence in order to reconstruct the accident.

Your attorney will also help to support your claim by providing expert opinions outlining the economic and non-economic impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections, and other financial considerations. This is necessary in order to ensure that you're fully compensated for the loss you've suffered and will be able to recover in the future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the amount of fault that the injured party is accountable for. In many instances, it's a crucial issue that your lawyer will have to prove.

The majority of states have some version of a a comparative blame rule, which permits victims to pursue compensation even if they share the blame for an accident. But the amount of their settlement will be reduced by the degree of fault. For instance, if an award of $100,000 is made by a jury for your injuries, but determines that you are at least 40 percent at fault, you'll only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The second is known as the 50 bar rule, which prohibits an injured party from claiming damages in cases where they are more than 50% at fault. motor vehicle accident attorneys new york is a rule that is followed by some states, including Colorado and Utah. Another variation is known as pure comparative fault, which allows victims to recover damages even if they are found to be 99 % at fault.

Statute of Limitations

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

The statute of limitations is not a factor in whether or whether an insurance company representing the defendant will settle the case. It's all about the first event that initiated the case, whether it was an incident or accident which caused the injury. Knowing the exact moment at which the clock begins to tick is crucial to ensure the compliance of this crucial rule.

In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. This timeline may be shortened in some circumstances, however. For instance, in cases where a minor is involved, the statute of limitations is paused until the child becomes free by marrying or turning 18 which typically takes two years after the date of the accident. Other exceptions exist and seasoned lawyers can provide advice on the specifics.

Representation

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





We can help you determine the responsible parties in a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as death by negligence.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies, and national logistics companies on their product liability and auto accident claims. We manage pre-suit assessment and proactively manage the discovery process. We also use trial-ready skills to obtain an acceptable client outcome, be it a summary decision or a favorable final verdict. Our team of lawyers advises franchised motor vehicles and motorcycle dealers on issues related to factory-dealer relations and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.