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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be responsible for an accident the damages you incur will be reduced based on your percentage of blame. This rule does not apply to the owners of vehicles that are which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must show that the defendant was bound by the duty of care toward them. This duty is owed by all, but those who operate vehicles owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicle litigation vehicles.

Courtrooms examine an individual's conduct to what a typical person would do in similar circumstances to determine a reasonable standard of care. In the event of medical malpractice experts are often required. Experts with more experience in the field could be held to a greater standard of treatment.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they sustained. Proving causation is an essential aspect of any negligence claim and requires taking into consideration both the real reason for the injury or damages as well as the proximate cause of the damage or injury.

For example, if someone has a red light, it's likely that they will be hit by a car. If their car is damaged, they'll need to pay for repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury case. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations towards his patients that are derived from state law and licensing bodies. Drivers are required to take care of other drivers and pedestrians, and follow traffic laws. If a driver violates this duty of care and results in an accident, the driver is accountable for the victim's injuries.

A lawyer can rely on the "reasonable persons" standard to establish that there is a duty of caution and then prove that the defendant did not meet this standard in his actions. The jury will decide if the defendant met or did not meet the standards.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of the injuries. It is more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, but his or her action wasn't the main reason for your bicycle crash. In this way, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle lawsuit vehicle cases the plaintiff must prove a causal link between the defendant's breach and their injuries. For instance, if a plaintiff sustained neck injuries as a result of an accident that involved rear-ends the lawyer will claim that the collision caused the injury. Other elements that are required to cause the collision, such as being in a stationary car, are not culpable and will not affect the jury's decision of the liability.

It could be more difficult to establish a causal relationship between an act of negligence and the psychological symptoms of the plaintiff. It may be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or has used drugs or alcohol.

It is crucial to consult an experienced attorney if you have been involved in a serious accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation and motor vehicle legal vehicle accident cases. Our lawyers have established working relationships with independent physicians in different specialties, as well experts in computer simulations and motor vehicle litigation reconstruction of accidents.

Damages

The damages a plaintiff can recover in motor vehicle attorneys motor vehicle law litigation include both economic and non-economic damages. The first type of damages includes any monetary expenses that can be easily added up and calculated as a sum, such as medical treatment loss of wages, property repair and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. However the damages must be proven to exist using extensive evidence, including deposition testimony of the plaintiff's close family members and friends medical records, as well as 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 split between them. The jury must decide the percentage of fault each defendant is responsible for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous and usually only a clear proof that the owner was explicitly did not have permission to operate his car will be sufficient to overcome it.