motor vehicle accident attorney Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, if a jury finds that you were at fault 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 rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the driving wheel of a motorized vehicle are obligated to other people in their field of activity. This includes not causing motor Vehicle accident law firms vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do under the same circumstances to determine what constitutes an acceptable standard of care. In the event of medical malpractice, expert witnesses are usually required. People who have superior motor vehicle accident law firms knowledge in a particular field may also be held to the highest standards of care than other individuals in similar situations.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damage that they suffered. Causation proof is a crucial aspect of any negligence case, and it involves looking at both the actual basis of the injury or damages, as well as the causal cause of the damage or injury.

If someone is driving through 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. However, the real cause of the crash could be a cut in a brick that later develops into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions of the person at fault are insufficient to what an ordinary person would do under similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients that are governed by the law of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this obligation and causes an accident is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable individuals" standard to show that there is a duty of prudence and then demonstrate that defendant did not comply with this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also establish that the defendant's breach of duty was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light, however, that's not the reason for the bicycle accident. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle accidents, the plaintiff must prove that there is a causal connection between the breach of the defendant and their injuries. For instance, if the plaintiff suffered a neck injury from an accident that involved rear-ends the lawyer might argue that the accident caused 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 determination of the fault.

For psychological injuries, however, the link between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has had a difficult past, has a bad relationship with their parents, or has abused 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 in representing clients in motor vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle accident lawyers vehicle lawsuit include both economic and non-economic damages. The first category of damages is the costs of monetary value that can easily be summed up and calculated as an overall amount, including medical treatment, lost wages, repairs to property, and even future financial losses, such as diminished earning capacity.

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

In the event of multiple defendants, motor vehicle accident law Firms courts typically apply the rules of comparative fault to determine the amount of damages that must be divided between them. The jury will determine the amount of fault each defendant has for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex, and typically only a clear proof that the owner specifically was not granted permission to operate the car will overcome it.