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motor vehicle accident law firm Vehicle Litigation
If liability is contested, it becomes necessary to start a lawsuit. The Defendant has the right to respond to the Complaint.
New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.
Duty of Care
In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is due to all people, however those who operate vehicles owe an even greater obligation to other people in their field. This includes not causing motor vehicle accidents.
Courtrooms assess an individual's actions to what a typical individual would do in the same circumstances to establish what is a reasonable standard of care. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding in a particular field may also be held to the highest standards of care than other individuals in similar situations.
If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim must demonstrate that the defendant's violation of duty caused the injury and damages that they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the damage and injury.
For instance, if a driver runs a red stop sign then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll be required to pay for repairs. However, the real cause of the crash could be a cut from bricks, which later turn into a serious infection.
Breach of Duty
A breach of duty by the defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault do not match what a normal person would do under similar circumstances.
A doctor, for example, has a number of professional duties towards his patients. These obligations stem from the law of the state and licensing authorities. Drivers are obliged to protect other motorists as well as pedestrians, and to respect traffic laws. If a motorist violates this duty of care and causes an accident, he is responsible for the injuries sustained by the victim.
Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then show that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standards.
The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that wasn't what caused the crash on your bicycle. Causation is often contested in crash cases by defendants.
Causation
In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision and their lawyer could claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car are not culpable and will not affect the jury's decision on the cause of the accident.
It can be difficult to establish a causal relationship between a negligent act, and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused drugs or alcohol.
It is essential to speak with an experienced lawyer if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident vehicle accidents (Home Page) commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.
Damages
The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary costs that are easily added up and calculated as the sum of medical expenses, lost wages, property repair and even future financial losses, like a diminished earning capacity.
New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment can't be reduced to cash. However these damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.
In cases where there are multiple defendants, Motor vehicle Accidents courts typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury has to determine the proportion of fault each defendant carries for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex, and typically only a clear showing that the owner has explicitly did not have permission to operate his car will overcome it.
If liability is contested, it becomes necessary to start a lawsuit. The Defendant has the right to respond to the Complaint.
New York follows pure comparative fault rules and, if the jury finds that you are responsible for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.
Duty of Care
In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is due to all people, however those who operate vehicles owe an even greater obligation to other people in their field. This includes not causing motor vehicle accidents.
Courtrooms assess an individual's actions to what a typical individual would do in the same circumstances to establish what is a reasonable standard of care. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding in a particular field may also be held to the highest standards of care than other individuals in similar situations.
If a person violates their duty of care, it can cause damage to the victim as well as their property. The victim must demonstrate that the defendant's violation of duty caused the injury and damages that they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the damage and injury.
For instance, if a driver runs a red stop sign then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll be required to pay for repairs. However, the real cause of the crash could be a cut from bricks, which later turn into a serious infection.
Breach of Duty
A breach of duty by the defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault do not match what a normal person would do under similar circumstances.
A doctor, for example, has a number of professional duties towards his patients. These obligations stem from the law of the state and licensing authorities. Drivers are obliged to protect other motorists as well as pedestrians, and to respect traffic laws. If a motorist violates this duty of care and causes an accident, he is responsible for the injuries sustained by the victim.
Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then show that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standards.
The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that wasn't what caused the crash on your bicycle. Causation is often contested in crash cases by defendants.
Causation
In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For example, if the plaintiff suffered an injury to his neck in a rear-end collision and their lawyer could claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car are not culpable and will not affect the jury's decision on the cause of the accident.
It can be difficult to establish a causal relationship between a negligent act, and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused drugs or alcohol.
It is essential to speak with an experienced lawyer if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident vehicle accidents (Home Page) commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators.
Damages
The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary costs that are easily added up and calculated as the sum of medical expenses, lost wages, property repair and even future financial losses, like a diminished earning capacity.
New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment can't be reduced to cash. However these damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.
In cases where there are multiple defendants, Motor vehicle Accidents courts typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury has to determine the proportion of fault each defendant carries for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex, and typically only a clear showing that the owner has explicitly did not have permission to operate his car will overcome it.
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