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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered based on their percentage of fault. The jury will make this decision in accordance with the evidence presented to them.

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. Liability is determined by the amount of negligence that contributed to the accident.

Liability

The goal of a motor vehicle accident claim is to collect damages for injuries and losses caused by negligence of another party. A lawsuit for an auto or trucking crash requires that the victim of the accident prove that the defendant's negligent actions or failure to act led to a collision, and the resulting bodily injury.

An experienced attorney can assist you in determining if the driver at fault or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's capacity to demonstrate the liability of their defendant on traditional tort liability principles which include a defendant's obligation to the plaintiff, the breach of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle may be involved in a lawsuit, too. Most automobile insurance policies contain an affirmative provision of protection to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses which are incurred, and also future loss that will be anticipated due to the injuries suffered. These are referred to as economic or noneconomic damages.

The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles such as suffering and pain. It is difficult to determine an amount of money on non-economic damages, such as mental suffering and loss of enjoyment.

Your lawyer will help you calculate your damages through a variety of ways. This includes hiring experts in reconstruction of accidents who look at photographs of the scene, police reports, witness testimony and other evidence to determine the circumstances of the crash.

Your lawyer will also support your claim with expert opinions detailing the economic and non-economic effects of your injuries. This will include estimates of the cost for future care and support along with wage projections and other financial aspects. They are crucial to ensure you are fully compensated for any loss you've suffered and continue to suffer in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence - determines the extent to which an injured person can be held responsible for in a car accident. It's an important issue in a variety of cases and something your lawyer may need 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 the settlement will be determined by their degree of fault. If, for instance, a jury awards $100,000 for your injuries, but determines that you're at 40 percent responsible, you'll only receive $60,000.

There are actually two different types of modified comparative fault rules. The first is referred to as the 50 bar rule, which blocks the victim from receiving damages in cases where they are more than 50% at fault. It is followed by a few states, including Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to claim damages even if they are found to be 99 percent at fault.

Statute of Limitations

In the majority of cases, an injured person in a car crash can file a lawsuit. However they must be filed within the period of time, also known as the statute of limitations or the claim of the victim is deemed to be void and barred forever.

The statute of limitations has nothing to be concerned with whether or not the insurer of the defendant will settle, and everything to do with the triggering event that initiated the case-the incident or accident that caused the injury. The exact time at which the clock starts to tick is vital for complying with this important rule.

In New York, people who are hurt in car crashes generally have three years to make personal injury lawsuits. In certain instances this time frame can be reduced. In cases where a child is involved, for example the statute is suspended until the child is legally emancipated. This can be accomplished by marrying or reaching the age of 18, typically two years after the accident. There are other exceptions, and an experienced attorney can provide advice on the specifics.

Representation

We have a wealth of 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 that regulate fixed public utilities like gas, electric and water/sewer services. We also represent transportation entities, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor vehicle collision instance, we are able to identify the parties responsible and support you in the pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer accidents, including death by negligence.

Our commercial peekskill motor vehicle accident lawyer vehicle practice offers advice to national leasing companies and national logistics companies on their product liability and claims for automobile accidents. We handle pre-suit evaluations, proactively manage discovery and apply trial-ready techniques to ensure an optimal client outcome whether it's through a the summary decision or a favorable final verdict. Our team assists franchised motor vehicles as well as truck dealers on issues relating to factory-dealer relationships and represents them at New Ogallala Motor Vehicle Accident Attorney Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.