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When a claim for liability is litigated in court, it becomes necessary to file a lawsuit. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find that you are responsible for causing the accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. Most people owe this duty to everyone else, but individuals who get behind the wheel of a motor vehicle case vehicle have a greater obligation to other people in their field of activity. This includes not causing car accidents.

Courtrooms evaluate an individual's behavior to what a typical individual would do in the same circumstances to determine what constitutes a reasonable standard of care. Expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of treatment.

If someone violates their duty of care, it could cause harm to the victim and/or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.

For instance, if a driver runs a red light there is a good chance that they'll be struck by another car. If their car is damaged, they'll have to pay for the repairs. The actual cause of an accident could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty happens when the at-fault party's actions do not match what reasonable people would do in similar circumstances.

For instance, a doctor has a variety of professional duties towards his patients. These professional obligations stem from state law and licensing bodies. Drivers are bound to care for other drivers and pedestrians, as well as to respect traffic laws. If a motorist violates this obligation of care and results in an accident, he is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable persons" standard to establish that there is a duty of prudence and then show that defendant did not adhere to this standard in his actions. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. For example it is possible that a defendant crossed a red line, but his or Motor Vehicle Case her action was not the sole cause of your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases the plaintiff must prove that there is a causal connection between the defendant's breach and their injuries. If a plaintiff suffered neck injuries in a rear-end collision, his or her attorney would argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not influence the jury's decision on the cause of the accident.

It can be difficult to prove a causal link between a negligent act and the psychological issues of the plaintiff. It could be 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 important to consult an experienced attorney when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle lawsuit vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages is the costs of monetary value that can easily be added up and calculated into a total, for example, medical treatments or lost wages, repair to property, and even future financial losses, such as a 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 monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages to be divided between them. The jury must decide the amount of fault each defendant has for Motor Vehicle Case the accident, and divide the total damages awarded by that percentage. New York law however, does not allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of those cars and trucks. The analysis to determine whether the presumption is permissive or not is complex. The majority of the time it is only a clear evidence that the owner was not able to grant permission for the driver to operate the vehicle can be able to overcome the presumption.