motor vehicle accident law firm Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to file a lawsuit. The defendant will then have the opportunity 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 the percentage of negligence. This rule does not apply to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had the duty of care toward them. Most people owe this duty to everyone else, but those who take the steering wheel of a north carolina motor vehicle accident law firm Vehicle accident lawsuit, vimeo.com, vehicle have a greater obligation to the people in their area of operation. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms the standard of care is established by comparing the actions of an individual with what a typical person would do in the same situations. In cases of medical malpractice experts are often required. Experts who have a superior understanding in a particular field may also be held to an even higher standard of care than other people in similar situations.

A breach of a person's obligation of care can cause injury to a victim or their property. The victim has to establish that the defendant's breach of their duty caused the damage and injury they have suffered. Causation proof is a crucial aspect of any negligence claim, and it involves looking at both the actual cause of the injury or damages, as well as the causal cause of the damage or injury.

If a person is stopped at an stop sign, they are likely to be struck by a vehicle. If their vehicle is damaged, they'll be accountable for repairs. However, the real cause of the accident could be a cut or a brick that later develops into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to receive compensation for personal injury claims. A breach of duty happens when the actions of the person at fault aren't in line with what an average person would do in similar circumstances.

For instance, a doctor is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this duty and causes an accident is accountable for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to meet that standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of 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 the bicycle accident. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if a plaintiff suffered a neck injury from a rear-end collision and their lawyer might argue that the collision was the cause of the injury. Other factors necessary to cause the collision, like being in a stationary car are not culpable and will not impact the jury's decision on the fault.

For psychological injuries, however, the link between an act of negligence and an victim's afflictions may be more difficult to establish. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has abused alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, motor vehicle accident Lawsuit as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in different specialties, as well experts in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first category of damages covers all monetary costs which can easily be summed up and calculated into a total, for example, medical expenses, lost wages, repairs to property, and even financial loss, like loss of earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment are not able to be reduced to money. However these damages must be established to exist with the help of extensive evidence, such as deposition testimony from plaintiff's family members and close friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury will determine the proportion of fault each defendant is accountable for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The method of determining if the presumption is permissive is complicated. In general the only way to prove that the owner denied permission for the driver to operate the vehicle can be sufficient to overturn the presumption.