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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The Defendant will then have the chance 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 blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or Motor Vehicle Accident Lawyers leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care towards them. This duty is owed by all people, however those who operate vehicles owe an even greater obligation to others in their field. This includes ensuring that they don't cause accidents with motor vehicle accident law firms vehicles.

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

A person's breach of their duty of care could cause harm to a victim, or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and real causes of the damage and injury.

If a person is stopped at an stop sign then they are more likely to be hit by a car. If their car is damaged, they will be responsible for the repairs. But the actual cause of the crash might be a cut on a brick that later develops into a serious infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions of the person who is at fault do not match what an ordinary person would do under similar circumstances.

For instance, a doctor is a professional with a range of professional duties towards his patients that are derived from state law and licensing bodies. Drivers are bound to take care of other drivers and pedestrians, as well as to adhere to traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer can use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to satisfy the standard through his actions. It is a question of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light but that wasn't what caused the accident on your bicycle. Because of this, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must prove a causal link between breach by the defendant and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends and their lawyer could argue that the collision caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury's decision to determine the cause of the accident.

It could be more difficult to establish a causal link between a negligent act, and the plaintiff's psychological problems. The fact that the plaintiff has a an uneasy childhood, a bad relationship with his or her parents, abused alcohol and drugs or had prior unemployment could have a influence on the severity of the psychological issues suffers from following a crash, but the courts typically view these elements as part of the background circumstances that caused the accident arose rather than an independent cause of the injuries.

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

Damages

In Motor Vehicle Accident Lawyers vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first type of damages comprises any financial costs that are easily added up and calculated as a total, for example, medical expenses 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 like pain and suffering as well as loss of enjoyment of life which cannot be reduced to a dollar amount. However these damages must be established to exist using extensive evidence, including deposition testimony of the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. This requires the jury to determine the amount of fault each defendant incurred in the incident and then divide the total damages awarded by the percentage of blame. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The analysis to determine whether the presumption is permissive or not is complex. In general it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle can be able to overcome the presumption.