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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules, which means that should a jury find that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. There is a slight 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 case, the plaintiff must prove that the defendant was obligated to act with reasonable care. Most people owe this duty to everyone else, however individuals who get behind the car have an even higher duty to the people in their area of activity. This includes not causing accidents with Motor Vehicle Accident Attorneys vehicles.

In courtrooms, the standard of care is determined by comparing an individual's actions with what a normal person would do in the same conditions. In the case of medical malpractice experts are typically required. People who have superior knowledge in a particular field can also be held to the highest standards of care than other people in similar situations.

If someone violates their duty of care, it can cause injury to the victim or their property. The victim must then prove that the defendant's breach of their duty resulted in the damage and injury they sustained. Causation is an essential element of any negligence claim. It requires proof of both the primary and secondary causes of the injuries and damages.

If a person is stopped at a stop sign, they are likely to be struck by a vehicle. If their vehicle is damaged, they'll be accountable for Motor Vehicle Accident Attorneys repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury claim. A breach of duty is when the actions of the person at fault are not in line with what an ordinary person would do under similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients that are derived from the law of the state and licensing bodies. Drivers have a duty to be considerate of other drivers as well as pedestrians, and to follow traffic laws. A driver who breaches this obligation and creates an accident is accountable for the victim's injuries.

A lawyer can use "reasonable individuals" standard to demonstrate that there is a duty to be cautious and then prove that the defendant failed to meet this standard in his conduct. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light but the action was not the sole cause of the crash. Because of this, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle accident law firms vehicle accidents, the plaintiff must prove a causal link between defendant's breach and their injuries. For instance, if a plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends and his or her lawyer might argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of the liability.

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

It is essential to speak with an experienced attorney when you've been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first category of damages covers any monetary costs that can be easily added to calculate an amount, like medical treatment or lost wages, property repair and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering and loss of enjoyment of life which cannot be reduced to a dollar amount. The damages must be proven through extensive evidence like depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant had for the accident, and then divide the total amount of damages by that percentage of the fault. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of trucks or cars. The process of determining whether the presumption is permissive or not is complicated. Most of the time it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle can overrule the presumption.