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Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to make a complaint. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be the cause of the crash the damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, but people who drive a vehicle owe an even greater duty to other people in their field. This includes not causing car accidents.

Courtrooms examine an individual's conduct to what a typical individual would do under similar circumstances to establish what is reasonable standards of care. Expert witnesses are frequently required in cases involving medical negligence. Experts who have a superior understanding of a specific area may also be held to a higher standard of care than other individuals in similar situations.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the injury or damages they suffered. Causation is a key element of any negligence claim. It requires proving both the primary and secondary causes of the injury and damages.

For instance, if someone is stopped at a red light there is a good chance that they'll be hit by another car. If their vehicle is damaged, they'll be accountable for repairs. The reason for motor vehicle accident attorney a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions of the person who is at fault are insufficient to what a normal person would do in similar circumstances.

A doctor, for example has a variety of professional obligations to his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are bound to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. A driver who breaches this duty and creates an accident is accountable for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of care and then prove that the defendant did not meet this standard with his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light, but that wasn't what caused your bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident attorney vehicle accidents, the plaintiff must establish that there is a causal connection between the defendant's breach and their injuries. If the plaintiff suffered neck injuries as a result of an accident that involved rear-end collisions, his or her attorney will argue that the incident caused the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of the liability.

For psychological injuries However, the connection 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 relationship with their parents, or has abused drugs or alcohol.

If you've been involved in a serious motor vehicle accident attorney vehicle crash it is essential to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent medical professionals in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle accident lawyers vehicle lawsuit include both economic and non-economic damages. The first type of damages encompasses the costs of monetary value that can easily be added up and calculated into a total, such as medical expenses or lost wages, repair to property, and even financial loss, for instance a diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of living are not able to be reduced to money. These damages must be proved through extensive evidence like depositions from family members and friends of the plaintiff medical records, motor vehicle accident attorney depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be split between them. The jury must determine the degree of fault each defendant was at fault for the accident, and then divide the total amount of damages by that percentage of blame. New York law however, does not permit this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous and typically only a clear showing that the owner explicitly denied permission to operate the car will overcome it.