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Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant then has the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that should a jury find that you are responsible for an accident, your damages will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. This duty is owed by all people, however those who operate a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause motor vehicle accident lawyer vehicle accidents.

In courtrooms, the quality of care is determined by comparing an individual's actions to what a normal person would do under similar situations. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a superior understanding in a particular field can be held to a higher standard of care than others in similar situations.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to show that the defendant's infringement of their duty led to the damage and injury they have suffered. Proving causation is an essential aspect of any negligence case and requires looking at both the actual reason for the injury or damages, as well as the causal cause of the damage or injury.

For instance, if someone runs a red light, it's likely that they will be hit by a car. If their car is damaged, they'll be required to pay for repairs. The real cause of a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. The breach of duty must be proved in order to receive compensation for personal injury claims. A breach of duty happens when the at-fault party's actions fall short of what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients, which stem from the law of the state and licensing bodies. Drivers are required to be considerate of other drivers as well as pedestrians, and to follow traffic laws. Drivers who violate this obligation and results in an accident is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have crossed a red line, but the action was not the sole reason for your bicycle crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffers an injury to the neck in a rear-end accident then his or her attorney would argue that the collision caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of the liability.

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 troubles in his or her childhood, had a difficult relationship with their parents, abused alcohol and drugs or had prior unemployment could have a influence on the severity the psychological problems he or suffers from following an accident, but courts typically look at these factors as part of the circumstances that caused the accident in which the plaintiff was triggered, not as a separate cause of the injuries.

If you have been in a serious motor vehicle accident, it is important to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, motor vehicle accident commercial and business litigation, as well as motor vehicle accident [source web page] cases. Our lawyers have established working relationships with independent doctors in different specialties, as well as experts in computer simulations and reconstruction of accidents.

Damages

The damages plaintiffs can seek in motor vehicle accident lawsuit vehicle litigation include both economic and non-economic damages. The first type of damages comprises any financial costs that can easily be added up and calculated as the sum of 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 like pain and suffering, and loss of enjoyment of life are not able to be reduced to financial value. These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be divided between them. The jury must determine the percentage of fault each defendant is responsible for the accident and then divide the total damages awarded by the same percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these trucks and cars. The method of determining if the presumption is permissive is complicated. Most of the time there is only a clear proof that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.