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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 a crash the damages awarded will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was bound by the duty of care towards them. Nearly everyone owes this obligation to everyone else, motor vehicle litigation however those who are behind the wheel of a motor vehicle attorneys vehicle have a greater obligation to the people in their area of activity. This includes not causing car accidents.

In courtrooms, the quality of care is determined by comparing an individual's actions with what a normal person would do in similar situations. In the event of medical negligence experts are often required. Experts with more experience in specific fields could be held to a greater standard of treatment.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim must then demonstrate that the defendant's violation of their duty resulted in the injury and damages that they suffered. Causation is an essential element of any negligence claim. It requires proof of both the primary and secondary causes of the injury and damages.

If someone runs an stop sign it is likely that they will be hit by a car. If their car is damaged they'll be responsible for repairs. But the actual cause of the accident could be a cut or bricks that later develop into a deadly infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault aren't in line with what a reasonable person would do in similar circumstances.

For example, a doctor has a variety of professional obligations to his patients, arising from state law and licensing boards. Drivers are obliged to be considerate of other drivers and pedestrians, and to obey traffic laws. If a driver violates this duty of care and results in an accident, he is liable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. Because of this, causation is often challenged by the defendants in case of a crash.

Causation

In motor vehicle claim vehicle cases, the plaintiff must establish that there is a causal connection between the defendant's breach and their injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions the attorney for the plaintiff will argue that the incident caused the injury. Other factors that are needed to cause the collision, such as 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 an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff has a an unhappy childhood, a poor relationship with his or her parents, was a user of alcohol and drugs or prior unemployment could have a influence on the severity the psychological issues he or she suffers after an accident, but courts typically look at these factors as part of the 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 if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle lawyers vehicle accidents commercial and business litigation, as well as personal injury cases. Our lawyers have developed relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added up and calculated as a sum, such as medical expenses or lost wages, property repairs, and even future financial losses, like diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be divided between them. The jury must determine how much responsibility each defendant had for the accident, and then divide the total amount of damages by that percentage of fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of cars or trucks. The method of determining if the presumption of permissiveness is complex. In general it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle will overcome the presumption.