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motor vehicle accident attorneys Vehicle Litigation

A lawsuit is required 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, should a jury find that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had the duty of care toward them. This duty is due to everyone, but people who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they don't cause car accidents.

In courtrooms the quality of care is determined by comparing the actions of an individual to what a normal person would do in similar circumstances. Expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge in a specific field could also be held to the highest standards of care than other people in similar situations.

If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim is then required to prove that the defendant breached their obligation and caused the damage or damages they suffered. Causation is an important part of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

If someone runs an stop sign, they are likely to be hit by a car. If their car is damaged, they'll have to pay for the repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty happens when the actions of the person at fault do not match what reasonable people would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to respect traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not meet the standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, however, that's not the reason for the crash on your bicycle. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle accidents vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions the attorney for the plaintiff would argue that the collision was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary car, are not culpable, and won't affect the jury's decision on fault.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. It may be that the plaintiff has a rocky past, a poor motor Vehicle accident Attorney relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In Motor vehicle Accident Attorney vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first type of damages comprises any financial expenses that can be easily added to calculate a total, for example, medical treatment and lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment can't be reduced to financial value. However the damages must be established to exist by a variety of evidence, such as 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 will often use comparative fault rules to determine the amount of damages that must be divided between them. The jury must decide the amount of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. New York law however, does not permit this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The analysis to determine whether the presumption is permissive or not is complicated. Most of the time, only a clear demonstration that the owner refused permission for the driver to operate the vehicle can be able to overcome the presumption.