motor vehicle accident attorney Vehicle Litigation

When a claim for liability is litigated then it is necessary to make a complaint. The defendant then has the chance 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 fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the car have a higher obligation to the other drivers in their zone of activity. This includes ensuring that there are no accidents in motor Vehicle accident attorneys vehicles.

Courtrooms compare an individual's actions to what a typical individual would do in similar conditions to determine an acceptable standard of care. In the event of medical malpractice experts are typically required. Experts with more experience in a certain field may be held to a higher standard of medical care.

If a person violates their duty of care, it can cause harm to the victim and/or their property. The victim has to prove that the defendant breached their duty of care and caused the injury or damage they sustained. Causation is an essential element of any negligence claim. It involves proving both the primary and secondary causes of the injuries and damages.

For instance, if someone has a red light there is a good chance that they will be hit by a car. If their car is damaged, they will be responsible for the repairs. The cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty occurs when the actions of a party who is at fault fall short of what reasonable people would do in similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Drivers are required to be considerate of other drivers and pedestrians, as well as to obey traffic laws. Drivers who violate this obligation and causes an accident is accountable for the injuries suffered by the victim.

Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty of care and then prove that the defendant did not comply with this standard with his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also demonstrate that the breach by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not the cause of the crash on your bicycle. Because of this, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle accident attorney vehicle accidents, the plaintiff must establish a causal link between defendant's breach and their injuries. If the plaintiff suffered neck injuries in a rear-end accident, his or her attorney would argue that the accident was the reason for the injury. Other elements that could have caused the collision, like being in a stationary car, are not culpable, and will not influence the jury's decision on the degree of fault.

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It may be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or has been a user of drugs or alcohol.

If you have been in an accident that is serious to your vehicle it is crucial to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor Motor Vehicle Accident Attorneys vehicle accident cases. Our lawyers have established working relationships with independent doctors across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages comprises any financial costs that can be easily added up and calculated as a total, for example, medical expenses or lost wages, property repair, and even future financial losses, such as diminished earning capacity.

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

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury must determine the percentage of fault each defendant is responsible for the incident and then divide the total damages awarded by that percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is not straightforward, and typically only a convincing evidence that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.