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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the option 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 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 negligence case, the plaintiff must show that the defendant was bound by the duty of care toward them. Nearly everyone owes this obligation to everyone else, however those who sit behind the steering wheel of a motor vehicle case vehicle have an even higher duty to the other drivers in their zone of operation. This includes ensuring that they don't cause car accidents.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in the same circumstances. This is why expert witnesses are often required when cases involve medical malpractice. Experts with more experience in a certain field may be held to a greater standard of medical care.

When someone breaches their duty of care, it may cause injury to the victim or their property. The victim then has to prove that the defendant breached their duty and caused the harm or damage they sustained. Causation is a crucial element of any negligence claim. It requires proof of both the proximate and actual causes of the damages and injuries.

For instance, if a person is stopped at a red light there is a good chance that they'll be hit by another car. If their car is damaged, they'll be required to pay for repairs. But the reason for the crash might be a cut in a brick that later develops into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. A driver who breaches this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate 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 was in compliance with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red light, but it's likely that his or her actions wasn't the main cause of your bike crash. In this way, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle attorney vehicle accidents, the plaintiff must establish an causal link between defendant's breach and their injuries. If a plaintiff suffered an injury to the neck in a rear-end accident then his or her attorney will argue that the incident caused the injury. Other factors necessary to cause the collision, such as being in a stationary car are not considered to be culpable and will not influence the jury’s determination of the degree of fault.

For psychological injuries, however, Motor Vehicle Case the link between an act of negligence and an victim's afflictions may be more difficult to establish. It could be that the plaintiff has had a difficult past, a poor relationship with their parents, or has been a user of drugs or alcohol.

It is crucial to consult an experienced lawyer should you be involved in a serious motor vehicle claim accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle case vehicle crash cases. Our lawyers have developed working relationships with independent medical professionals in a range of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first type of damages encompasses all monetary costs which can be easily added together and calculated into a total, such as medical treatments or lost wages, repair to property, or even a future financial loss, such diminished earning capacity.

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

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant was responsible for the accident and motor vehicle case then divide the total damages awarded by that percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear proof that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.