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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The Defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be at fault for causing the crash the damages awarded will be reduced by your 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 case the plaintiff must show that the defendant owed them a duty to act with reasonable care. This duty is due to all, but those who operate vehicles owe an even higher duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicle accident Lawyers vehicles.

In courtrooms, the standard of care is established by comparing the actions of an individual against what a normal individual would do under similar conditions. Expert witnesses are often required when cases involve medical malpractice. Experts who have a superior understanding in a particular field may be held to the highest standards of care than others in similar situations.

A person's breach of their duty of care could cause harm to a victim or their property. The victim must establish that the defendant's breach of their duty caused the injury and damages that they suffered. Causation is an essential element of any negligence claim. It involves proving both the proximate and real causes of the injury and damages.

For instance, if a person runs a red stop sign and is stopped, they'll be hit by a vehicle. If their car is damaged they'll be accountable for repairs. But the reason for the crash could be a cut or a brick that later develops into a dangerous infection.

Breach of Duty

A defendant's breach of duty 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 person at fault do not match what an average person would do in similar circumstances.

A doctor, for instance has many professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers are required to be considerate of other drivers and pedestrians, as well as to obey traffic laws. If a driver violates this duty of care and creates an accident, he is accountable for the injuries sustained by the victim.

A lawyer can use "reasonable persons" standard to show that there is a duty to be cautious and then show that defendant did not comply with this standard with his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light but that's not what caused your bicycle accident. For this reason, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must prove an causal link between defendant's breach and their injuries. If a plaintiff suffers neck injuries in an accident that involved rear-end collisions, his or her attorney will argue that the incident was the reason for the injury. Other factors that are necessary for the collision to occur, like being in a stationary vehicle are not culpable, and do not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff has a troubles in his or her childhood, had a difficult relationship with his or her parents, experimented with alcohol and drugs or previous unemployment may have some impact on the severity of the psychological problems he or is suffering from following an accident, but courts typically view these elements as part of the context from which the plaintiff's accident arose rather than an independent cause of the injuries.

It is imperative to consult an experienced lawyer if you have been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have established relationships with independent physicians in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle accident attorneys vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages comprises any financial costs that can easily be added to calculate a sum, such as medical treatment, lost wages, property repair and even future financial losses like a diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages that should be divided between them. The jury must determine the proportion of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by the same percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complicated, and typically only a clear proof that the owner has explicitly denied permission to operate the vehicle will be able to overcome it.