motor vehicle accident lawyer Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be the cause of the accident the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant had the duty of care towards them. This duty is due to everyone, but those who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's actions to what a normal person would do under similar situations. In the event of medical malpractice expert witnesses are typically required. Experts with a superior understanding of the field could be held to a greater standard of care.

When someone breaches their duty of care, it can cause harm to the victim and/or their property. The victim must prove that the defendant acted in breach of their duty of care and caused the injury or damages they sustained. Proving causation is an essential part of any negligence case which involves investigating both the primary causes of the injury damages as well as the cause of the damage or Motor Vehicle Accident Law Firm injury.

For instance, if someone runs a red light then it's likely that they'll be struck by a car. If their vehicle is damaged, they'll be accountable for repairs. The reason for an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury lawsuit. A breach of duty happens when the actions of the party at fault do not match what a reasonable person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional duties towards his patients that are derived from the law of the state and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is accountable for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not meet that standard in his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light but it's likely that his or her actions was not the sole cause of the crash. Causation is often contested in crash cases by defendants.

Causation

In Motor vehicle accident law firm vehicle-related cases, the plaintiff must establish a causal link between defendant's breach and their injuries. For instance, if a plaintiff sustained an injury to the neck as a result of a rear-end collision, his or her lawyer might claim that the collision caused the injury. Other factors necessary to cause the collision, Motor vehicle accident law firm like being in a stationary vehicle are not considered to be culpable and will not impact the jury's determination of the degree of fault.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It could be because the plaintiff has a rocky past, a poor relationship with their parents, or has been a user of drugs or alcohol.

It is important to consult an experienced lawyer should you be involved in a serious motor accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent medical professionals across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators.

Damages

The damages a plaintiff may recover in michigan motor vehicle accident lawyer vehicle litigation include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added to calculate the sum of medical expenses or lost wages, property repair, and even future financial losses like a diminished earning capacity.

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

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be divided between them. The jury will determine the percentage of blame each defendant has for the incident, and divide the total amount of damages awarded by the percentage. New York law however, does not allow this. 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is complex, and typically only a convincing evidence that the owner specifically refused permission to operate the vehicle will overcome it.