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Motor Vehicle Litigation

A lawsuit is required when liability is contested. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you responsible for the crash, your damages award will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant owed them a duty to act with reasonable care. Most people owe this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle accident law firms vehicle are obligated to the other drivers in their zone of activity. This includes not causing motor vehicle accidents (click through the up coming website).

Courtrooms examine an individual's conduct to what a typical individual would do under similar conditions to determine a reasonable standard of care. In cases of medical malpractice experts are typically required. Experts who have a greater understanding of the field could be held to a greater standard of medical care.

When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim must establish that the defendant's breach of their duty resulted in the injury and damages that they have suffered. Causation is a key element of any negligence claim. It involves proving both the proximate and real causes of the injuries and damages.

If someone runs an intersection it is likely that they will be hit by a car. If their car is damaged, they'll be responsible for the repairs. But the reason for the accident could be a cut on a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. The breach of duty must be proved in order to receive compensation for a personal injury claim. A breach of duty occurs when the actions of a party who is at fault fall short of what an average person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients that are governed by state law and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care, and then show that the defendant did not satisfy the standard through his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or motor vehicle accidents breach. For example an individual defendant could have run a red light but the action was not the sole cause of the crash. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in a rear-end accident and his or her attorney will argue that the crash was the reason for the injury. Other elements that could have caused the collision, such as being in a stationary car are not considered to be culpable and will not influence the jury’s determination of the fault.

For psychological injuries, however, the link between negligence and the victim's afflictions may be more difficult to establish. It could be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has been a user of drugs or alcohol.

If you've been involved in an accident involving a motor vehicle that was serious It is imperative to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in many specialties, as well as experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first category of damages is all financial costs that can easily be added up and calculated into the total amount, which includes medical treatment and lost wages, repairs to property, or even a future financial loss, such a diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of living are not able to be reduced to monetary value. However the damages must be proved to exist using extensive evidence, including deposition testimony of the plaintiff's close friends and family members, medical records, and other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages that should be divided between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and then divide the total amount of damages by that percentage of blame. New York law however, doesn't allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these trucks and cars. The resulting analysis of whether the presumption of permissive use applies is not straightforward and usually only a clear evidence that the owner has explicitly refused permission to operate the vehicle will overcome it.