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Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to make a complaint. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules, which means that should a jury find you to be the cause of an accident the amount of damages awarded will be reduced by your percentage of negligence. 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 negligence case, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, however those who take the steering wheel of a motor vehicle have a higher obligation to the people in their area 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 person would do under similar circumstances to determine reasonable standards of care. In cases of medical malpractice experts are typically required. Experts with a superior understanding of specific fields could be held to a higher standard of medical care.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must show that the defendant violated their obligation and caused the damage or damages they suffered. Causation is a key element of any negligence claim. It involves proving both the proximate and actual causes of the damages and injuries.

If a person is stopped at the stop sign, they are likely to be hit by a car. If their car is damaged, they'll have to pay for the repairs. The actual cause of the crash could be a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that must be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the party at fault are not in line with what a reasonable person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients stemming from the law of the state and licensing boards. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to respect traffic laws. Any driver who fails to adhere to this duty and causes an accident is responsible for motor vehicle accident lawyers the injuries sustained by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then show that the defendant failed to comply with the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light but that wasn't what caused your bicycle accident. In this way, the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases the plaintiff must establish a causal link between the breach of the defendant and the injuries. If the plaintiff sustained neck injuries as a result of an accident with rear-end damage and his or her attorney would argue that the collision was the reason for the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle are not culpable and won't affect the jury’s determination of the fault.

It can be difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. The fact that the plaintiff suffered from a troubles in his or her childhood, had a difficult relationship with their parents, experimented with alcohol and drugs or had prior unemployment could have a influence on the severity the psychological issues is suffering from following a crash, but the courts generally view these factors as part of the context that caused the accident resulted rather than an independent cause of the injuries.

It is imperative to consult an experienced lawyer when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident Lawyers vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many specialties, as well as experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident attorney vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages encompasses the costs of monetary value that are easily added together and calculated as a total, for example, medical treatment or lost wages, repair to property, and even the possibility of future financial loss, for instance the loss of earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment of life cannot be reduced to money. These damages must be proved by a wide array of evidence, including depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, motor vehicle accident Lawyers Courts will often use comparative negligence rules to determine how much of the damages awarded should be split between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and to then divide the total amount of damages by the percentage of blame. New York law however, does not permit this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of trucks or cars. The method of determining if the presumption of permissiveness is complex. Typically there is only a clear proof that the owner refused permission for the driver to operate the vehicle will be able to overcome the presumption.