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Case Number: 6:20-cv-00424
Judge: Mae A. D'Agostino
Court: United States District Court for the Northern District of New York (Onondaga County)
Defendant's Attorney: Steve C. Shahan
Description: Syracuse, New York personal injury truck wreck lawyer represented Plaintiff who sued defendants on auto negligence theories.
New York personal injury law is a complex area of law that governs the rights of individuals who have been injured due to the negligence of another person. In order to recover damages in a personal injury lawsuit, the plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty, that the breach caused the plaintiff's injuries, and that the plaintiff suffered damages as a result of their injuries.
The duty of care is a legal obligation that one person has to another to act reasonably and to avoid causing harm. In order to determine whether a duty of care exists, the court will consider a number of factors, including the relationship between the parties, the nature of the activity involved, and the foreseeability of harm.
Breach of duty occurs when a person fails to act reasonably and causes harm to another person. In order to prove breach of duty, the plaintiff must show that the defendant's actions were not what a reasonable person would have done in the same situation.
Causation is the legal link between the defendant's actions and the plaintiff's injuries. In order to prove causation, the plaintiff must show that the defendant's actions were the proximate cause of their injuries. This means that the defendant's actions must have been a substantial factor in causing the plaintiff's injuries.
Damages are the losses that a plaintiff has suffered as a result of their injuries. Damages can be economic, such as medical expenses and lost wages, or non-economic, such as pain and suffering.
If a plaintiff can prove all four elements of negligence, they may be able to recover damages from the defendant. The amount of damages that a plaintiff can recover will vary depending on the severity of their injuries and the losses that they have suffered.
If you have been injured due to the negligence of another person, you should contact an experienced personal injury lawyer to discuss your case. A lawyer can help you understand your legal rights and options and can represent you in a lawsuit if necessary.
Here are some common types of personal injury cases in New York:
Slip and falls
If you have been injured in any of these types of accidents, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. Contact an experienced personal injury lawyer to discuss your case today.
Outcome: 05/16/2023 30 Stipulation and ORDER DISMISSING CASE (case Arbitrated). Signed by U.S. District Judge Mae A. D'Agostino on 05/16/2023. (ban) (Entered: 05/16/2023)