Motor Vehicle accident Attorney Vehicle Litigation

When liability is contested then it is necessary to file a lawsuit. 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 and you are found to be at fault, your damages will be reduced according to your percentage of fault. There is one exception to this rule: motor vehicle accident attorney CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case the plaintiff must show that the defendant owed them a duty to exercise reasonable care. This duty is due to everyone, but those who operate a vehicle owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicle accident attorneys vehicles.

In courtrooms, the standards of care are determined by comparing the actions of an individual against what a normal individual would do in the same circumstances. In the event of medical negligence experts are typically required. Experts with a superior understanding of the field could be held to a higher standard of treatment.

When someone breaches their duty of care, they could cause harm to the victim and/or their property. The victim must demonstrate that the defendant's violation of their duty resulted in the injury and damages that they have suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the injuries and damages.

For instance, if a person runs a red stop sign, it's likely that they'll be hit by a vehicle. If their car is damaged they'll be accountable for repairs. But the reason for the accident could be a cut on a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. This must be proved in order to receive compensation in a personal injury case. A breach of duty is when the actions of the at-fault party fall short of what an ordinary person would do under similar circumstances.

For instance, a doctor is a professional with a range of professional obligations towards his patients, which stem from the law of the state and licensing authorities. Drivers are required to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. A driver who breaches this duty and causes an accident is accountable for the injuries sustained by the victim.

A lawyer can use "reasonable people" standard to demonstrate that there is a duty to be cautious and then prove 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 complied with the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light but that's not the cause of the crash on your bicycle. In this way, causation is often challenged by the defendants in case of a crash.

Causation

In motor motor vehicle accident attorney vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffered a neck injury in a rear-end collision then his or her attorney would argue that the accident caused the injury. Other factors that are necessary in causing the collision like being in a stationary car, are not culpable, and do not affect the jury's determination of liability.

It is possible to establish a causal connection between a negligent act and the psychological issues of the plaintiff. It may be the case that the plaintiff has a rocky background, a strained relationship with their parents, or has abused drugs or alcohol.

If you've been involved in a serious motor vehicle crash It is imperative to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors with a variety of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages covers all monetary costs which can be easily added together and calculated into an overall amount, including medical treatments or lost wages, repair to property, or even a future financial losses, such as a diminished earning capacity.

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

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of damages that must be divided between them. The jury has to determine the percentage of blame each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. New York law however, does not allow for this. 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 subsequent analysis of whether the presumption of permissive use applies is not straightforward and typically only a clear showing that the owner has explicitly did not have permission to operate his vehicle will overcome it.