Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant is entitled 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 according to your percentage of fault. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed the duty of care towards them. Almost everybody owes this duty to everyone else, however those who take the car are obligated to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents with motor vehicle accident attorney vehicles.

In courtrooms the standard of care is established by comparing an individual's behavior with what a typical person would do in the same conditions. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who are knowledgeable in a specific field could also be held to a higher standard of care than others in similar situations.

If a person violates their duty of care, it could cause damage to the victim as well as their property. The victim is then required to show that the defendant's infringement of duty caused the damage and injury they sustained. Causation is a crucial element of any negligence claim. It requires proving both the primary and secondary causes of the injury and damages.

For instance, if a driver runs a red stop sign then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. The reason for the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. This must be proved in order to be awarded compensation for a personal injury claim. A breach of duty happens when the at-fault party's actions are not in line with what an average person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional duties towards his patients that are derived from the law of the state and licensing bodies. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to respect traffic laws. Drivers who violate this obligation and creates an accident is accountable for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to establish that there is a duty of caution and then show that the defendant failed to meet this standard in his conduct. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach of duty was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have been a motorist who ran a red light, but the action wasn't the proximate cause of your bike crash. In this way, Motor vehicle Accident law firm the causation issue is often contested by defendants in crash cases.

Causation

In Motor Vehicle Accident Law Firm vehicle accidents, the plaintiff must establish a causal link between the defendant's breach and their injuries. If the plaintiff sustained neck injuries in a rear-end accident and his or her attorney would argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car is not culpable and won't affect the jury's determination of the fault.

It is possible to prove a causal link between a negligent act, and the plaintiff's psychological problems. The fact that the plaintiff had an uneasy childhood, a bad relationship with their parents, experimented with alcohol and drugs or had previous unemployment may have some influence on the severity the psychological issues he or suffers following an accident, but courts typically view these elements as part of the background circumstances that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries.

It is imperative to consult an experienced attorney when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent doctors in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle accidents vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages encompasses all financial costs that can be easily added together and calculated as a total, for example, medical treatments as well as lost wages, Motor Vehicle accident Law firm repairs to property, and even financial losses, such as loss of earning capacity.

New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of living cannot be reduced to money. However the damages must be established to exist through extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages that should be divided between them. This requires the jury to determine how much responsibility each defendant was responsible for the accident and then divide the total amount of damages by the percentage of fault. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of the vehicles. The subsequent analysis of whether the presumption of permissive use applies is complex and usually only a clear showing that the owner has explicitly denied permission to operate the car will overcome it.