Motor Vehicle Litigation

A lawsuit is necessary in cases where liability is challenged. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that if the jury finds that you are responsible for causing an accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had a duty of care towards them. This duty is owed to everyone, but those who operate a vehicle have an even higher duty to other people in their field. This includes ensuring that they do not cause accidents with elizabeth city motor vehicle accident attorney vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct with what a normal person would do in the same conditions. In the event of medical malpractice experts are often required. Experts with more experience in particular fields may be held to a higher standard of medical care.

If a person violates their duty of care, it can cause injury to the victim or their property. The victim must then prove that the defendant's breach of their duty resulted in the damage and injury they suffered. Causation proof is a crucial aspect of any negligence claim which involves considering both the actual causes of the injury damages as well as the proximate reason for the injury or damage.

For instance, if a person is stopped at a red light, it's likely that they'll be hit by a vehicle. If their car is damaged, they'll need to pay for repairs. However, the real cause of the crash could be a cut on bricks, which later turn into a deadly infection.

Breach of Duty

The second element of negligence is the breach of duty committed by the defendant. It must be proven in order to receive compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault person are not in line with what an ordinary person would do under similar circumstances.

A doctor, for instance has many professional obligations towards his patients that are derived from laws of the state and licensing bodies. Drivers are bound to protect other motorists and pedestrians, and to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is responsible for the injuries sustained by the victim.

A lawyer can rely on the "reasonable people" standard to establish that there is a duty to be cautious and then show that defendant failed to meet this standard in his conduct. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause for the injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not what caused your bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle Accident Law Firm vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. For example, if the plaintiff suffered a neck injury from a rear-end collision, his or her lawyer could claim that the collision caused the injury. Other factors that are needed to produce the collision, such as being in a stationary car, are not culpable and will not affect the jury's decision of liability.

For psychological injuries However, the connection between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a rocky past, has a bad 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 essential to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident lawsuit vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in various specialties, as well experts in computer simulations and motor vehicle accident law firm reconstruction of accidents.

Damages

The damages a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first category of damages encompasses the costs of monetary value that can easily be summed up and calculated into the total amount, which includes medical expenses, lost wages, repairs to property, and even financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment are not able to be reduced to monetary value. However, these damages must be proved to exist by a variety of evidence, such as deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be split between them. This requires the jury to determine how much responsibility each defendant had for the accident and to then divide the total amount of damages by the percentage of fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these trucks and cars. The process of determining whether the presumption is permissive or not is complex. Typically there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle can overrule the presumption.