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Motor Vehicle Litigation
If liability is contested then it is necessary to start a lawsuit. The defendant has the right to respond to the complaint.
New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.
Duty of Care
In a case of negligence the plaintiff must show that the defendant owed the duty of care towards them. Almost everybody owes this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes ensuring that they do not cause motor vehicle accidents.
In courtrooms, the quality of care is determined by comparing an individual's behavior with what a normal person would do under similar situations. In the case of medical malpractice, expert witnesses are usually required. People who have superior knowledge of a specific area may be held to an higher standard of care than other individuals in similar situations.
If someone violates their duty of care, it could cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the harm and damages they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the damages and injuries.
If someone runs a stop sign it is likely that they will be struck by a vehicle. If their car is damaged they will be responsible for the repairs. The reason for the crash could be a cut or 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 proven for compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault aren't in line with what reasonable people would do in similar circumstances.
For instance, a doctor is required to perform a number of professional duties for his patients that are governed by state law and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries sustained by the victim.
A lawyer can use "reasonable people" standard to demonstrate that there is a duty of prudence and then demonstrate that defendant did not 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 defendant's breach of duty was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For example an individual defendant could have been a motorist who ran a red light, but his or her action wasn't the main cause of your bicycle crash. This is why the causation issue is often contested by defendants in crash cases.
Causation
In motor vehicle accident lawsuit vehicle accidents, the plaintiff must establish a causal link between the breach of the defendant and the injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends the lawyer might argue that the collision was the cause of the injury. Other factors that are essential for the collision to occur, like being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.
It can be difficult to establish a causal relationship between a negligent action and the plaintiff's psychological problems. It could be the case that the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of drugs or alcohol.
If you have been in a serious motor vehicle accident it is crucial to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations and accident reconstruction.
Damages
In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages comprises any financial expenses that can be easily added to calculate the sum of medical treatment, lost wages, property repair, and even future financial losses like diminished earning capacity.
New York law also recognizes the right to seek non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence such as depositions of family members and friends of the plaintiff, medical records, or 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 that should be divided between them. The jury has to determine the amount of fault each defendant has for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of the vehicles. The resulting analysis of whether the presumption of permissiveness applies is complicated and usually only a clear showing that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.
If liability is contested then it is necessary to start a lawsuit. The defendant has the right to respond to the complaint.
New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing the crash the damages awarded will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.
Duty of Care
In a case of negligence the plaintiff must show that the defendant owed the duty of care towards them. Almost everybody owes this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes ensuring that they do not cause motor vehicle accidents.
In courtrooms, the quality of care is determined by comparing an individual's behavior with what a normal person would do under similar situations. In the case of medical malpractice, expert witnesses are usually required. People who have superior knowledge of a specific area may be held to an higher standard of care than other individuals in similar situations.
If someone violates their duty of care, it could cause harm to the victim and/or their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the harm and damages they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the damages and injuries.
If someone runs a stop sign it is likely that they will be struck by a vehicle. If their car is damaged they will be responsible for the repairs. The reason for the crash could be a cut or 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 proven for compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault aren't in line with what reasonable people would do in similar circumstances.
For instance, a doctor is required to perform a number of professional duties for his patients that are governed by state law and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the injuries sustained by the victim.
A lawyer can use "reasonable people" standard to demonstrate that there is a duty of prudence and then demonstrate that defendant did not 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 defendant's breach of duty was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For example an individual defendant could have been a motorist who ran a red light, but his or her action wasn't the main cause of your bicycle crash. This is why the causation issue is often contested by defendants in crash cases.
Causation
In motor vehicle accident lawsuit vehicle accidents, the plaintiff must establish a causal link between the breach of the defendant and the injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends the lawyer might argue that the collision was the cause of the injury. Other factors that are essential for the collision to occur, like being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.
It can be difficult to establish a causal relationship between a negligent action and the plaintiff's psychological problems. It could be the case that the plaintiff has a troubled past, a poor relationship with their parents, or has been a user of drugs or alcohol.
If you have been in a serious motor vehicle accident it is crucial to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in many specialties as well as expert witnesses in computer simulations and accident reconstruction.
Damages
In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages comprises any financial expenses that can be easily added to calculate the sum of medical treatment, lost wages, property repair, and even future financial losses like diminished earning capacity.
New York law also recognizes the right to seek non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence such as depositions of family members and friends of the plaintiff, medical records, or 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 that should be divided between them. The jury has to determine the amount of fault each defendant has for the incident, and divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of the vehicles. The resulting analysis of whether the presumption of permissiveness applies is complicated and usually only a clear showing that the owner was explicitly denied permission to operate the car will be sufficient to overcome it.
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