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motor Vehicle Accident law firm Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The Defendant has the right 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 does not apply to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had the duty of care towards them. Almost everybody owes this duty to everyone else, however those who sit behind the wheel of a motor vehicle accident attorney vehicle have a greater obligation to other people in their field of activity. This includes not causing accidents with motor vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual to what a normal person would do in similar circumstances. This is why expert witnesses are often required when cases involve medical malpractice. Experts with a superior understanding of particular fields may be held to a higher standard of treatment.

If someone violates their duty of care, it may cause harm to the victim and/or their property. The victim has to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. Proving causation is an essential element in any negligence case and involves considering both the actual basis of the injury or damages, as well as the causal reason for the injury or damage.

If a person is stopped at the stop sign then they are more likely to be struck by another vehicle. If their vehicle is damaged, they'll be accountable for repairs. The actual cause of an accident could be a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to obtain compensation in a personal injury case. A breach of duty happens when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers have a duty to care for other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can use "reasonable people" standard to show that there is a duty of prudence and then prove that the defendant failed to meet this standard with his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red light, however, the act was not the primary cause of your bike crash. For this reason, the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle accidents, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. For instance, if a plaintiff sustained a neck injury from a rear-end collision and their lawyer will argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle is not culpable and will not influence the jury's determination of the cause of the accident.

It can be difficult to establish a causal link between a negligent act, and the plaintiff's psychological symptoms. The reality that the plaintiff experienced a a troubled childhood, poor relationship with their parents, used alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological issues suffers following an accident, however, the courts generally view these factors as part of the context from which the plaintiff's accident arose rather than an independent reason for the injuries.

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

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes all monetary costs which can easily be summed up and calculated as the total amount, which includes medical treatment as well as lost wages, repairs to property, or even a future financial losses, such as the loss of earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of life can't be reduced to monetary value. The damages must be proven by a wide array of evidence, including depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury must determine the percentage of blame each defendant is accountable for the incident and then divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The process of determining whether the presumption is permissive is complicated. In general there is only a clear proof that the owner was not able to grant permission to the driver to operate the vehicle can be sufficient to overturn the presumption.