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radford motor vehicle accident law firm Vehicle Litigation

When a claim for liability is litigated then it is necessary to file a lawsuit. The Defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident the damages you incur will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff has to prove that the defendant had an obligation of care to them. Most people owe this duty to everyone else, however those who take the steering wheel of a motor vehicle have a greater obligation to others in their area of operation. This includes ensuring that they do not cause accidents in collinsville motor vehicle accident law firm vehicles.

In courtrooms, the standard of care is determined by comparing an individual's actions against what a normal individual would do in similar circumstances. This is why expert witnesses are often required in cases of medical malpractice. People who have superior knowledge in a specific field could also be held to an even higher standard of care than others in similar situations.

If a person violates their duty of care, it can cause injury to the victim or their property. The victim then has to prove that the defendant acted in breach of their duty of care and hackensack Motor vehicle Accident lawyer caused the injury or damage that they suffered. Causation is a key element of any negligence claim. It involves proving both the proximate and actual causes of the injury and damages.

For instance, if a person runs a red stop sign then it's likely that they will be hit by a car. If their car is damaged they'll be responsible for the repairs. But the reason for the crash could be a cut from bricks, which later turn into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty is when the actions taken by the at-fault party are insufficient to what a normal person would do under similar circumstances.

For example, a doctor has several professional obligations to his patients stemming from the law of the state and licensing boards. Drivers are obliged to take care of other drivers and pedestrians, and to adhere to traffic laws. If a driver violates this obligation of care and results in an accident, he is accountable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant failed to satisfy the standard through his actions. 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 main cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant crossed a red light, however, the act wasn't the main reason for your bicycle crash. This is why causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffers neck injuries as a result of a rear-end collision then his or her attorney would argue that the accident caused the injury. Other elements that could have caused the collision, such as being in a stationary vehicle are not considered to be culpable and will not impact the jury's decision to determine the cause of the accident.

For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It could be that the plaintiff has had a difficult background, a strained relationship with their parents, or has used drugs or alcohol.

It is imperative to consult an experienced attorney if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent physicians in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary costs that are easily added up and calculated as a total, for example, medical expenses, lost wages, property repair, mount airy motor vehicle Accident lawsuit and even future financial losses, such as diminished earning capacity.

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

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be split between them. The jury must determine the amount of fault each defendant carries for the incident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of those cars and trucks. The process to determine if the presumption is permissive is complicated. Most of the time the only way to prove that the owner was not able to grant permission to the driver to operate the vehicle can overcome the presumption.