Motor Vehicle Litigation

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

New York follows pure comparative fault rules and, if the jury finds you responsible for an accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed a duty of care towards them. This duty is owed by everyone, but those who operate a vehicle owe an even greater duty to other people in their field. This includes ensuring that there are no accidents in motor vehicle Accident law firms vehicles.

In courtrooms the standards of care are determined by comparing an individual's conduct to what a normal person would do in the same circumstances. In the event of medical negligence experts are often required. Experts with more experience in the field could be held to a greater standard of treatment.

If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim must then demonstrate that the defendant's violation of their duty caused the harm and damages they suffered. Causation is an essential element of any negligence claim. It involves proving the primary and secondary causes of the damages and injuries.

For example, if someone has a red light, it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they will be responsible for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

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

A doctor, for instance, has several professional obligations to his patients based on the law of the state and licensing boards. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to follow traffic laws. A driver who breaches this obligation and results in an accident is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant did not meet the standard in 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 establish that the defendant's breach of duty was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light, but that's not the cause of your bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident lawsuit vehicle cases, the plaintiff must establish a causal link between breach of the defendant and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends and his or her lawyer will argue that the accident caused the injury. Other factors that are necessary to produce the collision, such as being in a stationary car, are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a turbulent past, a poor relationship with their parents, or has used alcohol or drugs.

If you have been in a serious motor vehicle crash It is imperative to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in various specialties, as well experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident attorney vehicle litigation, a plaintiff can get both economic and non-economic damages. The first category of damages is all monetary costs which can easily be added up and summed up into an overall amount, including medical expenses or lost wages, repair to property, and even the possibility of future financial losses, such as a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proven to exist with the help of extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be split between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident and then divide the total damages award by the percentage of blame. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of those cars and trucks. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous, and typically only a convincing evidence that the owner explicitly denied permission to operate the car will be sufficient to overcome it.