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Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be at fault for an accident the amount of damages you will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant owed them a duty to exercise reasonable care. Almost everybody owes this duty to everyone else, but those who are behind the car are obligated to others in their area of activity. This includes not causing accidents in motor vehicle accident Law firm vehicles.

Courtrooms assess an individual's actions with what a normal person would do under similar conditions to determine reasonable standards of care. In cases of medical malpractice, expert witnesses are usually required. Experts who are knowledgeable in a particular field may be held to an even higher standard of care than other people in similar situations.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim is then required to prove that the defendant breached their duty and caused the harm or damage that they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the injury and damages.

If someone is driving through an intersection it is likely that they will be hit by a car. If their car is damaged they'll be responsible for the repairs. But the reason for the crash might be a cut on bricks, which later turn into a serious infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. The breach of duty must be proved in order to obtain compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault fall short of what an average person would do in similar circumstances.

For instance, a physician has a variety of professional obligations to his patients that are governed by state law and licensing boards. Drivers are obliged to be considerate of other drivers and pedestrians, and follow traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable individuals" standard to establish that there is a duty to be cautious and then show that defendant failed to meet this standard with his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance, a defendant may have crossed a red line, but the action was not the primary cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of a rear-end collision the lawyer would argue that the collision caused the injury. Other elements that are required for the collision to occur, like being in a stationary vehicle are not culpable, and do not affect the jury's decision of liability.

For psychological injuries However, the connection between a negligent act and an victim's afflictions may be more difficult to establish. It may be the case that the plaintiff has a rocky past, has a bad relationship with their parents, or has been a user of alcohol or drugs.

If you've been involved in an accident involving a motor vehicle accident vehicle that was serious, it is important to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have built working relationships with independent doctors in various specialties, as well expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages encompasses all financial costs that can be easily added together and summed up into an overall amount, including medical treatments and lost wages, repairs to property, and even future financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of living cannot be reduced to money. These damages must be proved by a wide array of evidence, including depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages to be split between them. The jury must determine how much fault each defendant had for the incident and then divide the total damages awarded by the percentage of blame. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The method of determining if the presumption is permissive or not is complicated. Most of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.