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Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. 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 that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant was obligated to act with reasonable care. Nearly everyone owes this obligation to everyone else, but those who take the steering wheel of a motor vehicle attorney (click through the next page) vehicle have an even higher duty to the people in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do in similar circumstances to determine a reasonable standard of care. In the event of medical negligence experts are typically required. Experts who are knowledgeable of a specific area may be held to the highest standards of care than other people in similar situations.

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

If someone runs an stop sign then they are more likely to be struck by another vehicle. If their vehicle is damaged, they will be responsible for the repairs. The cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by an individual defendant. This must be proved for compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault party are not in line with what an ordinary person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers are required to take care of other drivers and pedestrians, and to adhere to traffic laws. When a driver breaches this duty of care and causes an accident, he is liable for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of prudence and then show that defendant did not comply with this standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, however, that's not the reason for the crash on your bicycle. In this way, causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends the lawyer might argue that the collision caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable and do not affect the jury's determination of liability.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, used alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological issues she suffers after an accident, but courts generally view these factors as part of the circumstances from which the plaintiff's accident resulted rather than an independent reason for the injuries.

If you've been involved in a serious motor vehicle claim vehicle crash it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle legal vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians in many specialties, as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages plaintiffs can claim in motor vehicle lawyer vehicle litigation include both economic and non-economic damages. The first type of damages is the costs of monetary value that can easily be summed up and calculated as a total, for example, medical treatments and lost wages, repairs to property, or even a future financial loss, for instance loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like the suffering of others and the 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 of the plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury must determine the amount of fault each defendant is responsible for the incident, and Motor Vehicle Attorney divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of those cars and trucks. The resulting analysis of whether the presumption that permissive use is applicable is a bit nebulous and typically only a clear proof that the owner explicitly refused permission to operate the vehicle will be able to overcome it.