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motor vehicle lawsuit Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant has the option 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 were at fault for an accident the damages you incur will be reduced based on your percentage of fault. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by an obligation of care to them. This duty is owed by everyone, but those who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause motor vehicle compensation vehicle accidents.

In courtrooms the quality of care is determined by comparing an individual's actions against what a normal individual would do in similar circumstances. This is why expert witnesses are often required in cases involving medical negligence. People who have superior knowledge in a particular field may also be held to the highest standards of care than other people in similar situations.

A breach of a person's obligation of care can cause harm to the victim or their property. The victim has to demonstrate that the defendant's violation of duty caused the harm and damages they have suffered. The proof of causation is an essential part of any negligence case and requires considering both the actual reason for the injury or damages and the proximate cause of the damage or injury.

For instance, if a driver has a red light then it's likely that they'll be hit by another car. If their car is damaged, they'll have to pay for the repairs. The cause of an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty happens when the at-fault party's actions aren't in line with what an average person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from laws of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, as well as to follow traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is accountable for the injury suffered by the victim.

A lawyer may use the "reasonable persons" standard to establish that there is a duty of caution and then show that defendant did not comply with this standard in his actions. It is a question of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance an individual defendant could have been a motorist who ran a red light, however, the act was not the primary cause of the crash. This is why causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle attorneys vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered neck injuries as a result of a rear-end collision the lawyer will argue that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and will not impact the jury's decision on the cause of the accident.

It is possible to establish a causal connection between a negligent act and the plaintiff's psychological problems. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with their parents, was a user of alcohol and drugs or previous unemployment may have some influence on the severity the psychological problems he or 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 cause of the injuries.

If you've been involved in a serious motor vehicle attorney vehicle accident it is crucial to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury commercial and business litigation, and motor vehicle lawyer vehicle accident cases. Our lawyers have established working relationships with independent doctors in a variety of specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first type of damages encompasses all monetary costs which can easily be summed up and calculated into the total amount, which includes medical treatment or lost wages, repair to property, and even future financial loss, like a diminished earning capacity.

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

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be split between them. The jury must determine the proportion of fault each defendant is accountable for the accident and then divide the total 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 drivers of these vehicles and Motor Vehicle Litigation trucks. The process to determine if the presumption is permissive or not is complex. The majority of the time, only a clear demonstration that the owner refused permission for the driver to operate the vehicle will be able to overcome the presumption.