공지사항

Motor Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant has the option to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed a duty of care towards them. Most people owe this duty to everyone else, however those who are behind the wheel of a motor vehicle claim vehicle have an even higher duty to other people in their field of activity. This includes not causing accidents in motor vehicle settlement Vehicle Legal (Ss2012Don) vehicles.

In courtrooms, the standards of care are determined by comparing an individual's actions with what a typical person would do in the same circumstances. In cases of medical malpractice experts are often required. Experts with more experience in a certain field may be held to a higher standard of treatment.

When a person breaches their duty of care, it may cause harm to the victim and/or their property. The victim must demonstrate that the defendant's violation of their duty resulted in the damage and injury they suffered. Proving causation is a critical aspect of any negligence case and involves looking at both the actual basis of the injury or damages, as well as the causal cause of the damage or injury.

For instance, if a driver runs a red light then it's likely that they will be hit by a vehicle. If their car is damaged they'll be accountable for the repairs. But the reason for the crash could be a cut from bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault do not match what a reasonable person would do in similar circumstances.

For instance, a doctor has many professional duties towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. Drivers who violate this duty and creates an accident is accountable for the injuries of the victim.

A lawyer can use "reasonable individuals" standard to show that there is a duty of care and then show that the defendant did not meet this standard with his actions. It is a matter of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for his or her injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant might have walked through a red light but that's not what caused the accident on your bicycle. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases the plaintiff must prove that there is a causal connection between the breach of the defendant and their injuries. If a plaintiff suffered an injury to the neck in a rear-end collision and his or her attorney will argue that the crash was the reason for the injury. Other factors that are needed to cause 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.

It may be harder to establish a causal connection between an act of negligence and the psychological issues of the plaintiff. It could be because the plaintiff has had a difficult background, a strained relationship with their parents, or has used alcohol or drugs.

If you've been involved in an accident that is serious to your vehicle it is essential to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle compensation vehicle lawsuit include both economic and motor Vehicle Legal non-economic damages. The first type of damages is all financial costs that can be easily added together and then calculated into a total, for example, medical treatment as well as lost wages, repairs to property, and even financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life, cannot be reduced to cash. However, these damages must be established to exist using extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury has to determine the proportion of fault each defendant is responsible for the accident and then divide the total damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these trucks and cars. The process to determine if the presumption of permissiveness is complicated. In general there is only a clear proof that the owner was not able to grant permission to the driver to operate the vehicle can be able to overcome the presumption.