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Motor Vehicle Litigation

If liability is contested then it is necessary to start a lawsuit. The defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had the duty of care toward them. This duty is due to everyone, but those who drive a vehicle owe an even greater duty to other people in their field. This includes ensuring that they do not cause car accidents.

In courtrooms the standard of care is determined by comparing an individual's behavior to what a normal person would do in the same situations. In the case of medical malpractice experts are typically required. Experts with more experience in a certain field may be held to a higher standard of care.

A breach of a person's duty of care can cause harm to a victim or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they suffered. Causation proof is a crucial aspect of any negligence case, and it involves investigating both the primary cause of the injury or damages as well as the proximate reason for the injury or motor vehicle lawsuit damage.

For instance, if a person is stopped at a red light then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. But the reason for the crash might be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. This must be proven for compensation for personal injury claims. A breach of duty is when the actions taken by the person at fault do not match what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients stemming from laws of the state and licensing boards. Drivers are bound to protect other motorists and pedestrians, and follow traffic laws. If a driver violates this duty and creates an accident is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant did not satisfy the standard through his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the defendant's negligence was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light however, that's not the reason for the accident on your bicycle. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle case vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney would argue that the accident was the reason for the injury. Other factors that are needed for the collision to occur, 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 a negligent act and motor vehicle lawsuit an affected plaintiff's symptoms can be more difficult to establish. It could be because the plaintiff has a rocky past, has a difficult relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle attorneys vehicle accident it is essential to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle legal vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes the costs of monetary value that are easily added together and calculated as a total, such as medical treatment and lost wages, repairs to property, and even future financial losses, such as loss of earning capacity.

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

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages award should be allocated between them. The jury must determine the percentage of fault each defendant carries for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 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 of permissiveness applies is not straightforward and usually only a convincing evidence that the owner specifically was not granted permission to operate the car will be sufficient to overcome it.