Doreen Bales asked 10 months ago
motor vehicle settlement motor vehicle attorneys Litigation
A lawsuit is necessary when the liability is being contested. The defendant will then be given the chance to respond to the complaint.
New York has a pure comparative negligence rule. This means that, when a jury finds you to be responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles that are rented or leased out to minors.
Duty of Care
In a negligence suit, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. This duty is owed to all, but those who drive a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they don’t cause accidents in motor vehicle attorney vehicles.
Courtrooms evaluate an individual’s behavior to what a typical individual would do in similar circumstances to determine what constitutes a reasonable standard of care. In the event of medical malpractice expert witnesses are typically required. Experts who are knowledgeable in a particular field may be held to a higher standard of care than others in similar situations.
A person’s breach of their duty of care may cause harm to the victim or their property. The victim must show that the defendant’s infringement of their duty led to the damage and injury they suffered. Proving causation is a critical aspect of any negligence claim which involves looking at both the actual cause of the injury or damages as well as the cause of the damage or injury.
If a driver is caught running an stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they will be responsible for repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection.
Breach of Duty
The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to obtain compensation in a personal injury case. A breach of duty is when the actions of the person who is at fault do not match what a normal person would do in similar circumstances.
A doctor, for instance, has a variety of professional obligations to his patients based on laws of the state and licensing boards. Drivers are bound to protect other motorists and pedestrians, as well as to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, he is accountable for the injuries sustained by the victim.
A lawyer can use “reasonable people” standard to prove that there is a duty of caution and then prove that the defendant did not adhere to this standard with his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.
The plaintiff must also establish that the breach of duty of the defendant was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. For instance the defendant could have crossed a red light, however, the act wasn’t the proximate cause of the crash. The issue of causation is often challenged in cases of crash by defendants.
Causation
In motor vehicle lawsuit vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. If the plaintiff sustained neck injuries in a rear-end collision the attorney for the plaintiff will argue that the incident caused the injury. Other factors that contributed to the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury’s determination of fault.
It is possible to establish a causal link between a negligent act, and the plaintiff’s psychological problems. It could be because the plaintiff has a troubled past, has a difficult relationship with their parents, or is a user of alcohol or drugs.
It is imperative to consult an experienced attorney if you have been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and Motor Vehicle Case commercial litigation, as well as motor vehicle case vehicle accident cases. Our lawyers have established working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and reconstruction of accidents.
Damages
The damages plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages covers all monetary costs which can easily be added up and calculated into a total, such as medical expenses as well as lost wages, repairs to property, and even the possibility of future financial losses, such as the loss of earning capacity.
New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of life cannot be reduced to cash. However, these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff’s close family members and friends medical records, other expert witness testimony.
In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages to be split between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident, and then divide the total damages awarded by that percentage of blame. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissive use applies is complicated, and typically only a convincing evidence that the owner specifically refused permission to operate the vehicle will be able to overcome it.