Albany Faulty or Neglected Vehicle Maintenance Accident Lawyer

Contact Morelli Law Firm today to learn more. We will discuss your injuries, accident, and prognosis with you and help you sort through your options for seeking a payout. Over the last 25+ years, we have secured more than $1 billion in damages on behalf of our clients. Learn more about how we can help you by scheduling a free initial consultation with an Albany car accident lawyer today.

Faulty or Neglected Vehicle Maintenance Leads to Serious Injuries

Owners of vehicles have a responsibility to ensure proper maintenance and repairs. Failure to do so could be considered negligence if an accident occurs. This could mean the driver of the vehicle with faulty or neglected maintenance is held accountable for serious injuries suffered by motor vehicle accident victims.

Alternatively, an automotive repair business charged with performing maintenance or repairs on a vehicle can be held at fault if faulty work leads to a problem on the road and a resulting accident.

Maintenance and proper repairs are a key part of keeping a vehicle safe and roadworthy. This is especially true with maintenance and repairs relating to the vehicle’s braking, steering, tires, and other critical components. When something goes wrong with one of these parts, serious injuries can result. The party or parties responsible for the resulting crash may be liable. This could include:

• An owner who failed to provide the proper upkeep for the vehicle
• An auto shop tasked with maintenance or repairs on the vehicle that were not performed or were performed improperly
• The manufacturer of a defective part used in vehicle repair

Whoever is to blame, an experienced Albany personal injury lawyer can help you build your case and recover the money you need and deserve.

Our Team Accepts Albany Traffic Accident Cases Based on Faulty or Neglected Maintenance

An Albany faulty or neglected vehicle maintenance accident lawyer from Morelli Law Firm will identify the at-fault parties as a part of the investigation into your case if we represent you. We work with accident reconstruction experts and other types of experts to get the best understanding of what caused your accident.

We need to gather evidence to support your legal claim and convince the insurance company of the liable party that you deserve a just payout. Our team takes the time to gather official documents, interview witnesses, canvas for videos or photos, and collect other evidence that proves your claim, including the severity of your injuries, fault, liability, and the value of the case.

This could allow us to reach an out-of-court agreement for a quick settlement in your case. We can also take this evidence to court, if necessary, to support your allegations during a civil trial.

Financial Recovery Following an Albany Traffic Accident

New York is a no-fault insurance state, which means that most car accident victims must rely on their personal injury protection (PIP) policy to recover money for lost wages and daily expenses related to their accident, as well as to cover their medical care.

Only when they suffered serious or permanent injuries, missed an extended time from work, or met other exceptions to the state’s no-fault law can they pursue a fault-based claim. While no-fault benefits may come quickly and do not require you to build a case and prove negligence and liability, a lawsuit will allow you to seek additional losses beyond those available through your PIP policy.

If you are eligible to file a lawsuit against the responsible party, you will potentially be able to recover intangible damages, such as pain and suffering and a decreased quality of life. We also accept wrongful death accident cases. If your family member died from their car accident injuries after an Albany car crash, we are here to help.

New York State Statute of Limitations on Car Accident Lawsuits

Per New York Civil Practice Law & Rules (CVP) §214, car accident victims generally have three years to file an injury lawsuit in civil court. While this may sound like plenty of time, you need to act quickly to identify and gather evidence while it is still available. Some types of evidence, including video of the accident, can become lost or corrupted if not preserved soon after your accident.

The earlier an experienced faulty or neglected vehicle maintenance accident attorney serving Albany can get started on your case, the better. By getting an early start, your personal injury attorney can collect all the available evidence and speak to eyewitnesses while the events are still fresh in their minds. Doing so will allow them to build the strongest possible case on your behalf.

An experienced lawyer can also identify whether any exceptions apply in your case that alter the typical filing deadline. If an exception applies, you may have additional time to take legal action or find yourself facing a much smaller filing window.

Be Careful When Engaging With an Insurance Company After an Accident

After suffering injuries in an auto accident caused by faulty or neglected vehicle maintenance, you need to be careful in any interactions you have with insurance adjusters. Whether you are filing a claim with your own insurer as part of your PIP coverage or attempting to recover damages from the liable party’s insurance provider, you need to take steps to protect yourself.

Insurance companies like to portray themselves as friendly neighbors ready to lend a helping hand. However, the truth is that these companies care far more about profits than they do about people and will go to great lengths to deny or devalue your claim. The best way to protect yourself against the tricks insurers will attempt to use against you is by hiring an experienced car accident lawyer.

Once you have secured legal representation, the insurer will have to direct all communication through your auto accident attorney. By making them work through your lawyer, you will eliminate their ability to use their usual tricks. With a level playing field, your attorney will be in a good position to negotiate a fair settlement deal on your behalf.

Elements of Negligence You Need to Establish as Part of Your Fault-Based Claim

When attempting to recover financial compensation related to a faulty or neglected vehicle maintenance accident through a lawsuit against the liable party, you will likely need to prove that your damages were the result of negligence. To prove negligence, you must establish the presence of four elements:

• Duty of care
• Breached duty of care
• Damages
• Causation

Duty of Care

The first element you must prove is that the liable party owed you a duty of care. This step is typically fairly straightforward, as the duty of care is clear in most cases.

If filing a lawsuit against the driver who failed to properly maintain their vehicle, leading to your accident, the duty of care is evident, as all drivers have a responsibility to everyone else on the road to take reasonable safety precautions.

If attempting to recover financial compensation from an automobile maintenance company, these companies owe a duty of care to ensure that any vehicle they work on is safe for the road.

Breached Duty of Care

The next thing you will need to do is prove that the liable party breached their duty of care.

For the driver of a neglected vehicle, you can prove that they breached their duty by showing that they failed to bring the vehicle in for routine maintenance or that they were advised of a safety issue by a mechanic yet failed to address the problem.

For an auto shop, showing that they used inferior parts or cut corners in the repair process, resulting in faulty repairs, can help prove a breached duty of care. An expert witness can help explain to the court the steps the shop should have taken. Expert testimony tends to go a long way with a jury.

Damages

Next, you need to show that you incurred damages related to the accident. Your medical records from after the crash and your corresponding medical bills are the easiest way to prove your damages.

Causation

Finally, you need to prove how all the pieces fit together. When you hire an experienced faulty or neglected vehicle maintenance accident lawyer serving Albany to help with your case, they will demonstrate to the court how your damages were the direct result of the liable party breaching their duty of care.

Settling Vs. Taking Your Case to Trial

When pursuing compensation through a lawsuit, you will likely be wondering whether you will be better off settling your case or going to court. While a trial may offer the opportunity to recover more money than would be possible through a settlement, it also means a much longer legal process, and even with a strong case, there is always the possibility of ending up with nothing.

Because neither party wants to leave their fate in the hands of an unpredictable jury in most cases, the majority of car accident cases are resolved through out-of-court settlements. However, this does not mean you should rush to accept a settlement deal. An experienced attorney can negotiate with the opposing party to secure a fair settlement deal.

Even if your case seems to be heading to a settlement, it is still critical that you prepare as though you are going to trial. Settlement negotiations can break down at any time, making a date in court unavoidable. Furthermore, you will have more leverage during settlement negotiations if you can show that you are ready and willing to take your case to court to get the money you need.

Damages You Can Recover Following an Accident

Every accident case is different, and the damages you can recover from the liable party will vary depending on the specifics of your case. After a serious accident, you will likely be eligible to recover a wide range of compensatory damages. Identifying all the specific economic and non-economic damages that apply to your case is critical for securing the maximum compensation for your claim.

Some of the damages most commonly available in faulty or neglected vehicle maintenance accident cases include:

• Property damage
• Pain and suffering
• Loss of consortium
• Lost wages
• Diminished earning capacity
• Emotional distress
• Mental anguish
• Medical costs
• Future medical expenses
• Permanent disability

Following a motor vehicle accident in which a loved one was killed, you may be able to file a wrongful death claim to recover further damages, such as funeral and burial costs. An experienced Albany wrongful death lawyer can help you file a lawsuit to recover the financial compensation you need and deserve.

Punitive Damages

Punitive damages are only available in a small fraction of faulty or neglected vehicle maintenance accident cases. For a judge to consider awarding these damages in your case, you will have to show that the liable party was grossly negligent or acted with the intention of causing harm.

Speak to an Experienced Albany Faulty or Neglected Vehicle Maintenance Accident Attorney Today

A faulty or neglected vehicle maintenance accident lawyer in Albany may be able to help you seek compensation if you suffered serious injuries in a traffic collision. At Morelli Law Firm, we offer free consultations for potential clients and represent them on a contingency fee basis. We only get paid for our legal services if we recover a payout for you based on your accident damages.

We want to discuss the accident that occurred because of faulty repairs or neglected vehicle maintenance with you. We will also ask about your injuries, related expenses, and prognosis. This will help us assess if you can likely file a fault-based claim or if you will be limited to PIP coverage.

Reach out to us by giving us a call or completing our online contact form today to schedule a free case review with a member of our legal team. We’ll review the details of your case, answer any questions you may have, and advise you of your legal options.