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Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to start a lawsuit. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that if a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence case, motor Vehicle accident lawyers the plaintiff has to prove that the defendant had an obligation of care to them. This duty is owed to all, but those who operate vehicles owe an even greater duty to other people in their field. This includes ensuring that they do not cause Motor vehicle accident lawyers vehicle accidents.

In courtrooms, the standard of care is determined by comparing an individual's conduct with what a typical person would do under similar situations. In the event of medical negligence, expert witnesses are usually required. Experts who have a superior understanding in a particular field can be held to the highest standards of care than other people in similar situations.

If someone violates their duty of care, it can cause injury to the victim or their property. The victim has to prove that the defendant acted in breach of their obligation and caused the damage or damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the injury and damages.

For instance, if a driver is stopped at a red light and is stopped, they'll be hit by another car. If their vehicle is damaged, they will be responsible for the repairs. However, the real cause of the crash could be a cut from the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault are insufficient to what an ordinary person would do under similar circumstances.

A doctor, for example has many professional obligations to his patients. These professional obligations stem from the law of the state and licensing authorities. Motorists are required to show care to other motorists and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries of the victim.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty of caution and then show that defendant did not comply with this standard in his actions. It is a matter of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance it is possible that a defendant crossed a red light, however, the act wasn't the main cause of your bicycle crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove an causal link between breach of the defendant and the injuries. If a plaintiff suffers an injury to the neck in a rear-end accident, his or her attorney would argue that the accident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car are not culpable and will not affect the jury's decision to determine fault.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a rocky past, has a bad relationship with their parents, or has been a user of alcohol or drugs.

It is crucial to consult an experienced lawyer should you be involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident lawsuits vehicle accident as well as business and motor vehicle accident lawyers commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in a variety of specialties, as well expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added up and calculated as the sum of medical treatment or lost wages, property repair, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be proven to exist by a variety of evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages awarded should be split between them. The jury must determine the amount of fault each defendant was at fault for the accident and to then divide the total damages awarded by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of the vehicles. The method of determining if the presumption is permissive or not is complex. Most of the time there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle can overcome the presumption.