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Case Number: 1:23-CV-710
Judge: Paul A. Engelmayer
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: Rhadames Ulloa
Description: New York City, New York personal injury car wreck lawyer represented Plaintiff who sued Defendant on an auto negligence theory.
This case was initially filed in the State Court - Supreme, 813188-2020E and was removed to federal court by the Defendant based on diversity of citizenship and more than $75,000 in claimed damages.
"New York is a pure comparative negligence state, which means that your recovery of damages will be reduced in proportion to your fault. For example, if you are found to be 20% at fault for your injury, your damages will be reduced by 20%.
The statute of limitations for personal injury lawsuits in New York is three years from the date of the injury. This means that you have three years to file a lawsuit after you are injured.
If you have been injured in a car accident in New York, you should speak with an experienced attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in court if necessary.
Here are some of the key elements of New York auto negligence law:
Duty of care: Drivers have a duty to exercise reasonable care when driving their vehicles. This means that they must obey the traffic laws and be aware of their surroundings.
Breach of duty: A driver breaches their duty of care if they fail to exercise reasonable care. This could happen if they were speeding, driving under the influence, or not paying attention to the road.
Causation: The driver's breach of duty must be the cause of your injuries. This means that your injuries must have been a reasonably foreseeable consequence of the driver's actions.
Damages: You must have suffered damages as a result of your injuries. This could include medical expenses, lost wages, and pain and suffering.
If you can prove all of these elements, you may be able to recover damages from the driver who caused your injuries. However, it is important to speak with an attorney to discuss your specific case.
Here are some additional things to keep in mind about New York auto negligence law:
Insurance: If you are injured in a car accident, your own insurance company may be able to provide you with coverage. This is known as no-fault insurance.
Liability: If the other driver is at fault for your injuries, their insurance company may be liable to pay your damages.
Negotiation: In some cases, you may be able to negotiate a settlement with the other driver's insurance company. This is a good option if you want to avoid going to court.
Court: If you cannot reach a settlement, you may need to file a lawsuit against the other driver. This is a more complex process, but it may be necessary if you want to recover all of your damages.
If you have been injured in a car accident in New York, it is important to seek legal advice as soon as possible. An attorney can help you understand your legal rights and options and can represent you in court if necessary."
Outcome: STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bozzutos, Inc., Ernesto Hernandez. Document filed by Bozzutos, Inc., Ernesto Hernandez. Proposed Order to be reviewed by Clerk's Office staff...(Roberts, Jennifer) (Entered: 08/03/2023)