Litigation attorneys play an essential role in representing clients who are involved in legal disputes that require resolution through the court system. Whether it’s a personal injury claim, business conflict, or other legal matter, a litigation attorney provides the legal experience needed through complex legal processes. Their work typically involves handling everything from filing lawsuits and gathering evidence to presenting cases in court and negotiating settlements. For anyone facing a serious legal dispute, having a skilled litigation attorney can be crucial to achieving a favorable outcome.

If you are dealing with a legal issue in Brooklyn, particularly a personal injury case, the Kucher Law Group can offer the guidance and representation you need. Our experienced Brooklyn personal injury attorneys can assist in every step of the litigation process, helping ensure that your case is handled effectively and that your rights are protected. Whether through negotiation or courtroom advocacy, Kucher Law Group is ready to help. Contact us today at (929) 563-6780 to schedule a consultation and discuss your legal options.

What is Litigation in the Legal System?

Litigation refers to the formal legal process of resolving disputes through the court system. In New York, litigation is commonly used for civil and criminal cases, involving various types of claims ranging from personal injury to business disputes. Unlike informal negotiations or settlements, litigation typically requires a structured legal procedure, which may include filing a complaint, exchanging evidence, and presenting arguments in court. The goal of litigation is to reach a legally binding decision, either through a judge or jury, depending on the case.

The Process of Litigation and Its Purpose

Litigation begins when a plaintiff files a complaint with the court, officially stating their claim against the defendant. In New York, this process is initiated through the New York State Unified Court System or, in federal cases, through a federal district court. After the complaint is filed, the defendant is served with a summons and a copy of the complaint, which outlines the allegations against them. They must respond within a specific time frame, typically 20 to 30 days, depending on the court’s rules.

The purpose of litigation is to resolve disputes where both parties are unable to come to an agreement. During the process, each side presents evidence and legal arguments, intending to obtain a ruling that either favors the plaintiff or the defendant. If a case cannot be settled, it proceeds to trial, where a judge or jury issues a final judgment. The outcome can be appealed, but the original decision often remains enforceable during the appeal process unless specific legal measures, such as a stay, are put in place.

How Litigation Differs from Arbitration and Mediation

Litigation, arbitration, and mediation are all ways to resolve disputes, but they vary in terms of process, formality, and speed.

Litigation involves a formal court process where a judge or jury makes a legally binding decision. The process can be lengthy and expensive, with strict rules governing how evidence is presented.

Arbitration involves a neutral third party, known as an arbitrator, who hears both sides of the case and makes a binding decision. It is less formal than litigation, with more relaxed rules, and is often faster and less costly.

Mediation is a collaborative process where a neutral mediator helps the parties negotiate a mutually agreeable solution. Unlike arbitration or litigation, the mediator does not impose a decision, and the process is typically quicker, less expensive, and confidential.

Each method offers different benefits depending on the situation. While litigation is necessary when a binding court decision is required, arbitration and mediation can provide more flexibility and speed, especially in cases where the parties are open to negotiation or compromise.

What is a Litigation Attorney in New York?

A litigation attorney in New York represents clients involved in disputes that are resolved through the court system. Litigation attorneys handle both civil and criminal cases, and their work involves preparing cases, presenting evidence, and advocating for their clients in court. Whether a case is settled before trial or proceeds to a courtroom, litigation attorneys play a vital role in achieving the best possible outcome for their clients.

Representing Clients in Negotiations and Settlements

Litigation attorneys are often tasked with resolving disputes before they escalate to full-blown trials. Representing clients in negotiations and settlements is a critical part of their work, especially when it can avoid the time and expense of courtroom litigation. Below are the key components of how litigation attorneys handle negotiations and settlements.

Analyzing the Strength of the Case

Before entering settlement negotiations, litigation attorneys conduct a thorough analysis of their client’s case. They assess the strength of the evidence, the legal arguments, and any potential weaknesses that could affect the outcome if the case went to trial. This analysis helps attorneys understand their leverage in negotiations and formulate a strategy for securing the best possible settlement for their clients.

Negotiating Terms with the Opposing Party

Once the case has been analyzed, litigation attorneys engage in negotiations with the opposing party. They advocate on behalf of their client, working to achieve terms that are fair and in their client’s best interest. This might involve back-and-forth discussions on compensation in civil cases or potential plea deals in criminal matters. The goal is to resolve the dispute without the need for a lengthy and costly trial, while still ensuring that the client’s rights are protected.

Reaching and Finalizing the Settlement

After negotiations, if both parties agree on terms, the settlement is finalized. Litigation attorneys are responsible for drafting the settlement agreement, ensuring that all legal points are properly addressed, and securing the necessary signatures. Once finalized, the case is typically resolved, and both parties avoid the uncertainties of a court trial. In some cases, a judge may still need to approve the settlement, particularly in class action lawsuits or other complex legal matters.

Negotiations and settlements require a delicate balance between advocating for a client’s best interests and finding a resolution that both parties can accept. Experienced litigation attorneys bring their legal knowledge and negotiation skills to the table, often achieving outcomes that save time, money, and stress for their clients.

Handling Court Proceedings and Trials

When negotiations fall through or if a settlement cannot be reached, litigation attorneys play a central role in managing court proceedings and trials. Their knowledge and experience is essential in guiding clients through the complex legal processes involved in bringing a case to court.

Litigation attorneys are responsible for filing necessary legal motions, which may include requests for dismissal, summary judgment, or the exclusion of certain evidence.

They prepare opening and closing statements, delivering arguments that outline the key points of the case to the judge or jury.

During the trial, attorneys present evidence, examine witnesses, and cross-examine the opposing party’s witnesses to challenge their credibility.

They ensure that all procedural rules are followed, which is critical to preventing any legal missteps that could negatively impact the case.

After the trial, if necessary, they may file appeals or post-trial motions to seek a different outcome or address any errors that occurred during the trial.

The trial process requires meticulous preparation, and a skilled litigation attorney can make all the difference in securing a favorable verdict. Their role extends beyond simply arguing a case—they are strategists who guide their clients through the complexities of courtroom litigation.

Types of Cases Handled by Litigation Attorneys

Litigation attorneys in New York manage a wide range of cases that involve disputes requiring legal resolution. From personal injury claims to complex real estate matters, they provide legal representation in cases where parties are unable to settle their disagreements outside of court.

Personal Injury and Wrongful Death Cases

One of the most common types of cases handled by litigation attorneys in New York involves personal injury and wrongful death claims. In these cases, individuals seek compensation for injuries or losses caused by another party’s negligence. Litigation attorneys represent clients in disputes with insurance companies or other liable parties, working to secure settlements that cover medical expenses, lost wages, and other damages.

Wrongful death cases, which arise from fatal accidents or intentional acts, require attorneys to pursue compensation on behalf of surviving family members. These cases often involve complex legal arguments about liability, damages, and compensation, making the role of a litigation attorney critical.

Contract Disputes and Breach of Agreement

Contract disputes are another significant area of litigation. These cases arise when one party fails to honor the terms of a contract, resulting in financial losses or other harm to the other party. Litigation attorneys handle breach of agreement cases by representing clients in court or during settlement negotiations. These disputes often involve business contracts, employment agreements, or service contracts. Attorneys work to prove that a breach occurred and seek remedies such as damages, contract enforcement, or termination of the agreement. Given the complex nature of contract law, a skilled litigation attorney is essential to ensuring that the client’s legal rights are protected throughout th

Being involved in an Uber crash can leave you feeling uncertain about your legal rights and who is responsible for your injuries. With rideshare services like Uber becoming increasingly common in New York, accidents involving these vehicles have raised questions about liability and compensation. Whether you are a passenger, a driver, or another party affected by an Uber accident, understanding your rights in pursuing a lawsuit is crucial. Knowing how liability is determined and what protections are in place can help you face the legal process and seek the compensation you deserve.

If you or a loved one has been injured in an Uber crash in Brooklyn, it’s important to get experienced legal help to ensure your rights are protected. The Brooklyn rideshare accident lawyers at Kucher Law Group can guide you through the legal process and help you understand your options for compensation. Our team may be able to help you recover damages for medical bills, lost wages, and other losses. Contact Kucher Law Group today at (929) 563-6780 to schedule a consultation.

Determining Liability in an Uber Crash

Liability in an Uber crash can be complex, especially given the multiple parties potentially involved—Uber drivers, passengers, other drivers, and even Uber itself. In New York, under Article 44-B of the Vehicle and Traffic Law, specific rules govern ridesharing companies like Uber, especially regarding insurance and liability. The law establishes when Uber or the driver is responsible for covering damages, depending on whether the driver was logged into the Uber app, transporting a passenger, or not logged in.

When the Uber Driver Is At Fault

When an Uber driver is at fault for a crash, their actions will be scrutinized to determine how they contributed to the accident. For example, if the driver was distracted, speeding, or violated any traffic laws, they could be deemed negligent. In New York, if an Uber driver is logged into the app or transporting a passenger, they must maintain specific insurance coverage. The insurance provides financial responsibility for bodily injuries and property damage caused during the trip.

According to New York Vehicle and Traffic Law § 1693, drivers under transportation network companies such as Uber must have insurance coverage that applies while they are logged into the Uber app, ensuring that victims, whether passengers or third parties, can seek compensation. This includes coverage for bodily injuries and property damage. However, if the Uber driver is entirely responsible for the accident, their actions can trigger Uber’s group policy, which offers higher levels of coverage than the driver’s personal insurance policy.

When Another Driver Causes the Accident

In situations where another driver is at fault for the accident, the Uber driver and Uber’s insurance may not bear primary responsibility. In New York, the at-fault driver’s insurance is usually the first to provide compensation for injuries or property damage. The victim, whether a passenger in the Uber or the Uber driver, should file a claim against the at-fault driver’s insurance company.

However, if the other driver has insufficient insurance coverage or lacks it entirely, New York law ensures protection for Uber passengers. Uber’s uninsured/underinsured motorist coverage steps in to compensate for injuries or damages when the at-fault driver’s insurance is insufficient. This policy helps cover medical bills, lost wages, and other damages that the at-fault driver’s insurance may not be able to cover.

Shared Liability in Uber Accidents

In some Uber accidents, more than one party may be at fault, which introduces the concept of shared liability. Under New York’s comparative negligence rules, liability is assigned based on each party’s percentage of fault. This means that if the Uber driver and another driver are both partially responsible for the crash, each may be held accountable for their portion of the damages.

For instance, if the Uber driver was speeding but the other driver ran a red light, both parties could share liability. If the court finds that the Uber driver was 40% at fault and the other driver 60% at fault, each party would be responsible for their respective share of the damages. Victims can still seek compensation, but their recovery may be reduced based on their own level of fault, if any.

In cases of shared liability:

The court assigns fault percentages based on each party’s actions.

Compensation is adjusted according to each party’s share of the fault.

Even if the victim is partially at fault, they can still recover compensation, though the amount may be reduced accordingly.

Determining shared liability often requires gathering evidence such as witness statements, accident reports, and sometimes even expert testimony to clearly establish the responsibility of each party involved.

Uber’s Insurance Policies and Coverage Limits

Uber’s insurance policies provide varying levels of coverage depending on the driver’s status. New York law requires specific insurance provisions for rideshare services, ensuring that both drivers and passengers are protected at different stages of the trip. Each stage of the driver’s activity comes with its own set of coverages, and understanding these distinctions is crucial for identifying liability and compensation sources after an accident.

Coverage When the Driver Is Offline

When an Uber driver is offline, Uber’s insurance policies do not apply, and the driver’s personal auto insurance is the sole coverage available. In New York, drivers must maintain personal auto insurance that meets the state’s minimum requirements. These limits are generally lower than those required for rideshare drivers, covering:

$25,000 for bodily injury to one person.

$50,000 for bodily injury to two or more individuals.

$10,000 for property damage per accident.

If the driver causes an accident while offline, victims, including other drivers, pedestrians, or property owners, would need to seek compensation through the driver’s personal auto insurance. This could include damages related to medical expenses, property repair costs, or lost wages. Since Uber’s policy does not apply when the driver is not logged into the app, drivers should ensure their personal policy is comprehensive enough to cover potential liabilities. Failing to maintain sufficient personal insurance coverage could leave a driver personally liable for any damages or costs beyond their policy limits.

Coverage When the Driver Is Online and Available for a Trip

Once an Uber driver logs into the app and is available for a trip but hasn’t accepted a ride request yet, Uber’s contingent liability insurance kicks in. This coverage is designed to fill the gap between the driver’s personal auto insurance and the demands of being a commercial driver while awaiting a trip. During this period, Uber provides:

$50,000 per person for bodily injury.

$100,000 per accident for bodily injuries to multiple people.

$25,000 for property damage per accident.

This contingent coverage only applies if the Uber driver is found at fault in an accident. For example, if the driver rear-ends another vehicle while logged into the Uber app and waiting for a ride request, Uber’s insurance policy provides coverage for the damages to the other driver’s vehicle and any medical bills resulting from injuries. If another driver is responsible for the accident, their insurance will be the primary coverage. However, if the other driver’s insurance is insufficient, Uber’s policy may not cover the full amount of damages, leaving gaps that could require additional claims against the at-fault driver.

The coverage during this period is lower than when the driver is actively engaged in a trip, which can present challenges in serious accidents where damages exceed the coverage limits. This distinction makes it crucial for drivers and passengers to understand their rights and the available protections depending on the driver’s activity.

Coverage When the Driver Is En Route or On a Trip Outside of New York City

When an Uber driver accepts a ride request and is either en route to pick up a passenger or actively transporting a passenger, Uber’s most comprehensive insurance coverage applies but only when the trip begins and ends outside of New York City. This is the highest level of coverage available for Uber drivers and includes significant protections to cover both the driver’s and passengers’ liabilities. During this time, Uber provides:

$1 million in third-party liability coverage for bodily injury and property damage.

Uninsured/underinsured motorist coverage for passengers if another driver causes the accident but lacks sufficient insurance to cover the damages.

Contingent collision and comprehensive coverage for the driver’s vehicle if the driver has personal collision/comprehensive coverage.

This level of coverage ensures that passengers and third parties (such as other drivers, pedestrians, or property owners) are well protected in the event of an accident. For instance, if the Uber driver is at fault for a collision that results in significant bodily injuries to another driver or damages multiple vehicles, the $1 million third-party liability policy will cover those costs. In cases where the accident was caused by another driver who is uninsured or underinsured, Uber’s uninsured motorist policy steps in to cover the passenger’s injuries.

Driver Status

Coverage Type

Coverage Details

Offline (Not Logged into Uber App)

Personal Auto Insurance

$25,000 for bodily injury (1 person), $50,000 for bodily injury (2+ people), $10,000 for property damage.

Online and Available for a Trip

Uber’s Contingent Liability Insurance

$50,000 per person for bodily injury, $100,000 per accident for multiple injuries, $25,000 for property damage.

En Route or On a Trip

Uber’s Full Coverage (Third-Party Liability, Uninsured/Underinsured Motorist, Contingent C