Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that should a jury find that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant was bound by a duty of care towards them. This duty is owed by all, but those who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that there are no accidents in granville motor vehicle accident lawsuit vehicles.

In courtrooms the quality of care is determined by comparing an individual's conduct with what a normal person would do in similar circumstances. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of specific fields could be held to a greater standard of medical care.

When someone breaches their duty of care, it can cause injury to the victim or their property. The victim is then required to prove that the defendant's breach of their duty caused the damage and injury they sustained. Proving causation is an essential part of any negligence case and involves considering both the actual causes of the injury damages as well as the proximate reason for the damage or injury.

If a person is stopped at an stop sign, they are likely to be hit by a car. If their car is damaged, they will be responsible for the repairs. The reason for the crash might be a cut on bricks that later develop into a dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to be awarded compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

For example, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to follow traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care, and then prove that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also demonstrate that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example the defendant could have run a red light but it's likely that his or her actions was not the primary cause of your bike crash. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In Indiana Motor Vehicle Accident Attorney vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers neck injuries in an accident with rear-end damage then his or her attorney will argue that the crash was the cause of the injury. Other factors that are essential to cause the collision, such as being in a stationary car, are not culpable, and do not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has been a user of drugs or alcohol.

It is crucial to consult an experienced lawyer in the event that you've been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have developed relationships with independent physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can easily be added up and calculated as an amount, like medical treatment or lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of life, cannot be reduced to monetary value. These damages must be proved through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury has to determine the proportion of fault each defendant is accountable for the accident, and divide the total damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous and typically only a convincing evidence that the owner has explicitly was not granted permission to operate the vehicle will overcome it.