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Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident the damages you incur will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed to everyone, but those who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms compare an individual's actions to what a typical individual would do under the same conditions to determine reasonable standards of care. In the event of medical malpractice experts are often required. People who have superior knowledge in a particular field may also be held to an even higher standard of care than others in similar situations.

A breach of a person's duty of care may cause harm to a victim, or their property. The victim has to prove that the defendant acted in breach of their duty and caused the injury or damage they sustained. Causation proof is a crucial element in any negligence case, and it involves investigating both the primary cause of the injury or damages, as well as the causal reason for the damage or injury.

For instance, if someone is stopped at a red light, it's likely that they'll be struck by a vehicle. If their car is damaged they'll be responsible for the repairs. The reason for the crash might be a cut from bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

A doctor, for example has a variety of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are bound to protect other motorists as well as pedestrians, and to follow traffic laws. A driver who breaches this duty and causes an accident is responsible for the victim's injuries.

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

The plaintiff must also establish that the breach of duty of the defendant was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red line, but the action was not the primary cause of the crash. Because of this, causation is frequently disputed by the defendants in case of a crash.

Causation

In Shaker Heights Motor Vehicle Accident Lawsuit vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For example, if the plaintiff sustained an injury to his neck in a rear-end collision, his or her lawyer would claim that the collision caused the injury. Other factors that are needed to produce the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, experimented with alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological issues he or suffers from following an accident, but courts typically consider these factors as part of the background circumstances that led to the accident from which the plaintiff's injury was triggered, not as a separate reason for the injuries.

It is important to consult an experienced attorney when you've been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle crash cases. Our lawyers have established working relationships with independent physicians in various areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages plaintiffs can claim in montgomery motor vehicle accident attorney vehicle litigation include both economic and non-economic damages. The first type of damages covers any monetary costs that can easily be added up and calculated as the sum of medical expenses loss of wages, property repair, and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life can't be reduced to cash. These damages must be proved through extensive evidence like depositions from family members and friends of the plaintiff 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 damages that must be divided between them. The jury must decide the proportion of fault each defendant is accountable for the accident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous and typically only a clear proof that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.