Motor Vehicle Litigation

When a claim for liability is litigated, it becomes necessary to make a complaint. The defendant will then have the opportunity to respond to the complaint.

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

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is owed to everyone, motor vehicle accident Attorney but those who operate a vehicle owe an even greater obligation to others in their field. This includes not causing car accidents.

Courtrooms compare an individual's actions to what a typical person would do in similar circumstances to establish what is reasonable standards of care. In the event of medical malpractice experts are often required. Experts who are knowledgeable of a specific area may be held to an even higher standard of care than others in similar situations.

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 did not fulfill their duty and caused the injury or damage they sustained. Proving causation is an essential aspect of any negligence case and involves investigating both the primary causes of the injury damages as well as the reason for the damage or injury.

For example, if someone runs a red stop sign, it's likely that they will be hit by a vehicle. If their car is damaged they will be responsible for repairs. The reason for a crash could be a brick cut that causes an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by a defendant. The breach of duty must be proved for compensation in a personal injury case. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients that are governed by laws of the state and licensing boards. Drivers are bound to protect other motorists and pedestrians, and obey traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is liable for the victim's injuries.

A lawyer can rely on the "reasonable persons" standard to demonstrate that there is a duty to be cautious and then prove that the defendant failed to meet this standard with his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's negligence was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light but that wasn't what caused the accident on your bicycle. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle accident Attorney vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if a plaintiff sustained neck injuries as a result of a rear-end collision, his or her lawyer could argue that the collision caused the injury. Other factors that are essential to cause the collision, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of liability.

It is possible to establish a causal connection between a negligent act, and the plaintiff's psychological symptoms. It may be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or is a user of alcohol or drugs.

If you have been in an accident that is serious to your vehicle it is essential to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in northglenn motor vehicle accident attorney vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many specialties, as well as experts in computer simulations and reconstruction of accident.

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages comprises any financial costs that can be easily added to calculate the sum of medical treatment loss of wages, property repairs, and even future financial losses, like a diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life are not able to be reduced to money. However the damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages that should be divided between them. This requires the jury to determine how much responsibility each defendant had for the accident and to then divide the total amount of damages by that percentage of blame. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous, and typically only a convincing evidence that the owner specifically denied permission to operate the car will overcome it.