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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be at fault for causing the accident the damages awarded to you will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles 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 towards them. This duty is due to everyone, but people who operate vehicles owe an even higher duty to others in their field. This includes ensuring that there are no accidents in motor vehicle attorneys vehicles.

Courtrooms compare an individual's actions to what a typical person would do in the same conditions to determine an acceptable standard of care. In the event of medical negligence expert witnesses are typically required. Experts who are knowledgeable in a specific field could also be held to an even higher standard of care than others in similar situations.

A breach of a person's duty of care may cause injury to a victim or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they suffered. Causation is a crucial element of any negligence claim. It requires proving both the proximate and actual causes of the injury and damages.

For instance, if a person runs a red light, it's likely that they'll be hit by a car. If their car is damaged they'll be accountable for the repairs. The cause of a crash could be caused by a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proven to win compensation in a personal injury suit. A breach of duty is when the actions taken by the person who is at fault are not in line with what an ordinary person would do under similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients that are governed by state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a driver fails to comply with this duty of care and causes an accident, he is accountable for the injuries suffered by the victim.

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

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have crossed a red line, but the action wasn't the proximate cause of the crash. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle attorney vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage then his or her attorney will argue that the incident was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car are not culpable and will not affect the jury's decision on fault.

It may be harder to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. It may be the case that the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.

It is important to consult an experienced lawyer if you have been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle law vehicle accident cases. Our lawyers have formed working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and accident reconstruction.

Damages

The damages plaintiffs can seek in a motor motor vehicle litigation vehicle lawsuit include both economic and non-economic damages. The first category of damages covers all costs that can easily be summed up and then calculated into a total, Motor Vehicle Litigation for example, medical treatments or lost wages, repair to property, and even financial losses, such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be divided between them. The jury must decide the amount of fault each defendant carries for the accident, and divide the total damages awarded by the same percentage. New York law however, does not allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these vehicles and trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated and typically only a clear showing that the owner was explicitly denied permission to operate the vehicle will be able to overcome it.