Motor Vehicle Litigation In most motor vehicle crash lawsuits, the plaintiff's damages are diminished by their percentage of fault The jury will decide this on the basis of the evidence they are presented To be held accountable for personal injuries, the defendant has to have been negligent during the incident The amount of liability is determined by the degree of negligence which contributed to the accident Liability The purpose of a motor vehicle accident claim is to obtain compensation from the other party in exchange for losses and injuries caused through their negligence A lawsuit for an auto or trucking crash will require that the victim's claim be proven that the defendant's negligent actions or inaction caused a collision and the bodily injuries that resulted An experienced lawyer can help you determine whether the person at fault or another defendant is responsible for your losses Most auto accidents cases rely on a plaintiff's ability establish their defendant's liability based on the tort liability standard that include a defendant's responsibility to the plaintiff, the defendant's violation of that duty, real and proximate causation and injuries A competent lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is involved in a lawsuit Most insurance policies for automobiles provide an affirmative coverage for anyone who is operating the vehicle with the owner's permission but subject to certain restrictions This may include a review of CPLR SS 1602 Damages A successful motor vehicle lawsuit will establish the damages incurred 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 as a result of the injuries that were sustained These are known as non-economic and economic damages The former covers things such as medical expenses and lost income The second is compensation for things that are more intangible like suffering and pain It can be difficult to assign a precise value to non-economic losses such as mental anxiety and loss of enjoyment life Your lawyer will help you calculate your damages using a variety methods This may include retaining accident reconstruction specialists who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the crash Your lawyer will also strengthen your claim by providing expert opinions detailing the economic and other impacts of your injuries This will include cost estimates for future care and support along with wage projections and other financial factors These are essential to ensure that you're compensated fully for any losses you've suffered and will continue to be afflicted in the future Comparative Fault A system referred to as comparative fault - or contributory negligence - defines the amount of fault an injured party can be accountable for a car crash In many instances, it's a crucial issue that your lawyer will have to prove https//vimeocom/706770135 have a form of a comparative fault system that allows victims to be compensated even if their share of the blame is for an accident The amount of compensation will be determined by the level of fault If, for example an award of 100,000 is made by a jury for your injuries but finds that you're at 40 responsible, you will only receive 60,000 There are two distinct kinds of modified comparative-fault rules The one is known as the 50 bar rule, which prevents an injured party from receiving damages when they are more than 50 percent at fault Colorado and Utah are two states that follow this rule Another variation, known as pure comparative negligence, permits victims to claim damages if they are found to be 99 responsible Statute of limitations In most instances, a person injured who is injured in a car crash may file a lawsuit However they must be filed within a certain 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 does not have anything to determine whether or not the insurance company of the defendant will settle it, and has everything to do with the trigger event that started the case, which is the incident or accident that led to the injury Calculating the exact time that the clock starts to tick is vital for complying with this important rule In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit The timeframe may be reduced in certain situations, however In cases where a minor is involved, for example, the statute is paused until that child is legally emancipated This can be accomplished by marrying or reaching the age of 18 usually two years after the incident There are other exceptions, and an experienced lawyer can advise on the particulars Representation We have a wealth of experience representing and advising public entities and utilities in matters relating 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 companies, such as taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service In a motor vehicle crash case, we will help determine the parties at fault and assist you in your pursuit of compensation Our firm also helps victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies on the subject of product liability and claims arising from accidents in the automobile We handle pre-suit assessments and proactively manage the discovery process We also apply trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summary decision or a favorable decision Our team counsels franchised motor vehicles and motorcycle dealers regarding issues pertaining to factory-dealer relationships We also represent them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations