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Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to make a complaint. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds that you were at fault for an accident the damages you incur will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to act with reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the driving wheel of a motorized vehicle have an even higher duty to the other drivers in their zone of activity. This includes ensuring that there are no accidents in motor vehicle accident lawyer vehicles.

In courtrooms the quality of care is determined by comparing the actions of an individual with what a typical person would do under similar circumstances. In the case of medical malpractice experts are often required. Experts with a superior understanding of particular fields may be held to a greater standard of care.

If someone violates their duty of care, it can cause injury to the victim or their property. The victim has to establish that the defendant's breach of their duty led to the damage and injury they sustained. Causation is a key element of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

For example, if someone runs a red stop sign and is stopped, they will be hit by another car. If their vehicle is damaged, they will be responsible for the repairs. The cause of a crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty 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 happens when the at-fault party's actions are not in line with what reasonable people would do in similar circumstances.

For instance, a physician has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are required to care for other drivers and pedestrians, and to respect traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable people" standard to establish that there is a duty of care and then show that defendant did not adhere to this standard in his conduct. It is a matter of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example an individual defendant could have been a motorist who ran a red light, but the action wasn't the main reason for your bicycle crash. In this way, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered a neck injury in an accident that involved rear-end collisions and his or her attorney will argue that the incident was the cause of the injury. Other factors that are necessary to cause the collision, motor vehicle accident Attorney such as being in a stationary vehicle, are not culpable, and won't affect the jury's decision on fault.

It could be more difficult to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. It may be the case that the plaintiff has had a difficult past, has a difficult relationship with their parents, or has been a user of alcohol or drugs.

If you have been in a serious motor vehicle accident lawyers vehicle crash it is crucial to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and motor vehicle accident Attorney commercial litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in various specialties as well as experts in computer simulations and accident reconstruction.

Damages

The damages that plaintiffs can claim in a motor Vehicle accident attorney vehicle lawsuit include both economic and non-economic damages. The first category of damages encompasses all monetary costs which are easily added together and calculated into a total, such as medical treatments and lost wages, repairs to property, and even financial losses, such as diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However these damages must be proved to exist by a variety of evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury must determine the amount of fault each defendant incurred in the accident and to then divide the total damages awarded by that percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of those cars and trucks. The process of determining whether the presumption is permissive or not is complicated. Most of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.