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Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of a crash the damages awarded to you will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is owed to all people, however those who operate vehicles owe an even higher duty to other people in their field. This includes not causing accidents in motor vehicles.

Courtrooms compare an individual's actions with what a normal person would do in the same conditions to determine an acceptable standard of care. In the event of medical negligence experts are often required. Experts with more experience in particular fields may be held to a higher standard of treatment.

A breach of a person's duty of care can cause harm to the victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they suffered. Proving causation is a critical aspect of any negligence case, and it involves considering both the actual cause of the injury or damages as well as the cause of the damage or injury.

If someone runs the stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged, they will be responsible for the repairs. The reason for the crash could be a cut in the brick, which then develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the at-fault person are insufficient to what an ordinary person would do under similar circumstances.

A doctor, for example has many professional obligations towards his patients that are derived from laws of the state and licensing bodies. Drivers have a duty to care for other drivers as well as pedestrians, and to follow traffic laws. Drivers who violate this obligation and causes an accident is responsible for the victim's injuries.

A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then prove that the defendant did not meet that standard in his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For instance the defendant could have crossed a red light, but his or her action was not the sole cause of your bicycle crash. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases the plaintiff must prove an causal link between breach of the defendant and their injuries. For instance, if a plaintiff sustained neck injuries as a result of a rear-end collision and his or her lawyer would argue that the collision was the cause of the injury. Other factors that are necessary in causing the collision such as being in a stationary vehicle are not culpable and will not affect the jury's determination 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 could be because the plaintiff has a rocky past, has a bad relationship with their parents, or is a user of drugs or alcohol.

It is essential to speak with an experienced lawyer in the event that you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident lawyers vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have built working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages that a plaintiff may recover in motor vehicle Accident law firms vehicle litigation include both economic and non-economic damages. The first category of damages includes all financial costs that can be easily added together and then calculated into an overall amount, including medical treatments as well as lost wages, repairs to property, and even future financial loss, like the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. The proof of these damages is by a wide array of evidence, including depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that must be divided between them. The jury must determine the proportion of fault each defendant carries for the accident, and divide the total damages awarded by the same percentage. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or motor Vehicle accident law firms trucks. The subsequent analysis of whether the presumption of permissive usage applies is complex, and typically only a clear showing that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it.