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Watch Out: How Motor Vehicle Compensation Is Taking Over And What Can We Do About It
Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's award is lowered by their percentage of the fault. This is decided by the jury on the basis of evidence presented to them.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. Liability is determined by the extent to which negligence caused the accident.

Liability


The aim of a claim for motor vehicle accidents is to obtain compensation from the other party to compensate for injuries and losses that were caused due to their negligence. A lawsuit for an automobile or trucking crash will require that the injured victim prove that the defendant's negligent acts or inaction caused a collision and the resulting bodily injury.

An experienced attorney can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish their defendant's liability based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the defendant's breach of that duty, actual and proximate causation, and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle may be involved in a lawsuit as well. The majority of insurance policies for automobiles include an affirmative grant of coverage for anyone who is 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 must establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation of out-of-pocket expenses incurred as well as future losses expected to result from the injuries suffered. These are called economic and noneconomic damages.

The first is for things like medical expenses and lost income, while the latter compensates for intangibles like pain and suffering. It is difficult to establish a dollar amount on non-economic losses, like mental distress and loss of enjoyment in life.

Your lawyer will help you determine the amount of damages by with a variety of methods. This includes hiring accident reconstruction experts who will examine photographs of the scene, police reports, witness testimony, and other evidence to help reconstruct how the accident occurred.

Your lawyer will also support your claim with expert opinions outlining the economic and non-economic consequences of your injuries. This includes estimates of future medical and support costs, wage projections, and other financial considerations. These are crucial to ensure that you are fully compensated for any losses you've suffered and will continue to experience in the near future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence, determines the extent to which an injured person is accountable for in a car accident. It's a crucial issue in a variety of cases and something that your attorney might need to prove.

Many states have a type of a comparative fault system that allows victims to be compensated regardless of whether their part of the blame is attributed to an accident. The amount of compensation will be based on the degree of fault. If, for example an appeals court awards $100,000 for your injuries, but determines that you're 40 percent at fault, you'll only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they're at fault for more than 50%. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which allows victims to seek damages even if they are found to be 99 percent at fault.

Statute of limitations

In most instances, a person who is injured in a car crash is eligible to file a claim against the party responsible for the accident. These lawsuits must, however, be filed within the timeframe of limitations or the claim of the victim is forever barred.

The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It is all about the initial incident that brought about the case, whether it was an incident or accident which caused the injury. The exact time at which the clock begins to run is essential for compliance with this important rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. The timeframe may be reduced in some circumstances, however. For example, in cases where a minor is involved, the statute of limitations is paused until the child is free by marrying or reaching age 18, which typically takes two years following the accident. There are other exceptions, and an experienced attorney can give advice on the particulars.

Representation

We have a wealth of experience representing and advising public utilities and public entities in matters related to motor vehicle litigation. motor vehicle accident lawyer albany include local and county governments, state and federal agencies that oversee fixed public utilities such as water, electricity and sewer services. We also represent transportation companies including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle accident case, we can help identify the parties responsible and assist you in your pursuit of compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including wrongful death cases.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies regarding product liability and automobile accidents claims. We handle pre-suit evaluations, manage discovery in a proactive manner and apply trial-ready techniques to ensure an optimal outcome for the client whether it's through a an informal disposition or a favorable final verdict. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, as well as relocations.

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