20 Fun Details About Motor Vehicle Legal > 자유게시판

motor vehicle accident attorney Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant will then have the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds you to be 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 rented or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed an obligation of care to them. This duty is owed by all, but those who operate a vehicle have an even greater duty to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing the actions of an individual to what a normal person would do in similar circumstances. Expert witnesses are frequently required when cases involve medical malpractice. Experts with more experience in a certain field may be held to a greater standard of medical care.

A person's breach of their duty of care can cause harm to a victim or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the injuries and damages.

For instance, if a person is stopped at a red light then it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. However, the real cause of the accident could be a cut in bricks that later develop into a dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do under similar circumstances.

A doctor, for example, has a number of professional obligations to his patients. These obligations stem from state law and licensing bodies. Drivers have a duty to care for other drivers and pedestrians, and obey traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries of the victim.

A lawyer can use the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to satisfy the standard through his actions. It is a question of fact that the jury has to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For instance the defendant could have crossed a red light, but the action was not the primary cause of your bicycle crash. This is why causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle accident attorneys vehicle cases the plaintiff must establish that there is a causal connection between the breach by the defendant and motor vehicle accident law Firm their injuries. If a plaintiff suffers an injury to the neck in an accident with rear-end damage the attorney for the plaintiff would argue that the accident was the cause of the injury. Other factors that are needed in causing the collision such as being in a stationary car, are not culpable, and do not affect the jury's decision of the liability.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has used alcohol or drugs.

If you've been involved in a serious motor vehicle crash, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have established relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.

Damages

The damages a plaintiff can recover in Motor Vehicle Accident Law Firm vehicle litigation include both economic and non-economic damages. The first category of damages includes any monetary costs that can be easily added to calculate a sum, such as medical treatment, lost wages, property repair and even future financial losses like a decrease in earning capacity.

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

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury must determine how much fault each defendant was at fault for the accident and to then divide the total damages awarded by the percentage of the fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and trucks. The process to determine if the presumption is permissive is complex. In general there is only a clear proof that the owner refused permission to the driver to operate the vehicle will be able to overcome the presumption.