Motor Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find you responsible for an accident, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the steering wheel of a motor vehicle accident lawyer vehicle have a higher obligation to the people in their area of operation. 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 with what a typical person would do in similar circumstances. In the event of medical negligence expert witnesses are typically required. People who have superior knowledge of a specific area may be held to a 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 has to prove that the defendant breached their duty and caused the injury or damages they sustained. Causation proof is a crucial aspect of any negligence case and requires taking into consideration both the real basis of the injury or damages and the proximate reason for the damage or injury.

If a person is stopped at an intersection and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. The real cause of an accident could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person fall short of what a normal person would do under similar circumstances.

A doctor, for instance has many professional obligations to his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers have a duty to be considerate of other drivers and pedestrians, as well as to follow traffic laws. Drivers who violate this duty and creates an accident is accountable for the victim's injuries.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty of care and then show that defendant did not comply with this standard with his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For instance, Motor Vehicle Accident Law Firm a defendant may have been a motorist who ran a red light, motor vehicle accident law firm but his or her action was not the primary reason for your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If a plaintiff suffered an injury to the neck in an accident with rear-end damage, his or her attorney will argue that the incident was the cause of the injury. Other factors that are needed to produce the collision, like being in a stationary car, are not culpable and will not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a turbulent 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 imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident attorneys vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle accident law firm vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first category of damages covers any monetary costs that can be easily added up and calculated as a total, for example, medical treatment, lost wages, property repair, and even future financial losses, like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. However, these damages must be established to exist using extensive evidence, including deposition testimony from plaintiff's close family members and friends, 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 must determine how much fault each defendant incurred in the accident and to then divide the total damages awarded by that percentage of the fault. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of cars or trucks. The process to determine if the presumption is permissive or not is complex. In general there is only a clear proof that the owner denied permission to the driver to operate the vehicle can be able to overcome the presumption.