NYC Commercial Litigtion Lawyer

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NYC Business Litigation LawyerWhen you’ve been injured through someone else’s negligence you always have the right to bring a personalinjury claim.But that doesn’t mean the defendant’s actions will be the only ones to come under scrutiny.New York is a comparative negligence state, which means your own actions will also enter into the discussion.Here’s what you need to know about how your own negligence or lack thereof will impact your case.You Can Bring The Case Regardless OfYour Percentage Of Responsibility.www.richman-law-firm.com
Litigation Lawyer NYC“In any action to recover damages for personal injury, injury to property, orwrongful death, the culpable conduct attributable to the claimant or to thedecedent, including contributory negligence or assumption of risk, shall not barrecovery, but the amount of damages otherwise recoverable shall be diminishedin the proportion which the culpable conduct attributable to the claimant ordecedent bears to the culpable conduct which caused the damages.”In other words, your negligence isn’t even something that gets discussed until the jury is trying to determinethe amount of money you will be awarded.You Can Still Move For A SummaryJudgment On The Other Party’sLiability.Either the plaintiff or the defendant may ask for a summary judgement at any time.In a summary judgement motion, the moving party is asserting that the facts of the case or certain portions ofthe case are so clear, so obvious, that they don’t really require hours of courtroom time to determine thoseportions of the case.The ability to ask for a summary judgement saves the court a lot of time and money.It can also speed up your ability to recover funds.And, of course, it can strengthen your case each time the judge makes a summary judgement in your favor onthe matter of any issue.In Rodriguez v. City of New York, the courts ruled that plaintiff does not bear the burden of establishing theabsence of their own comparative negligence in order to obtain summary judgment.This is important, because establishing a defendant’s liability is very important to a personal injury matter.Likewise, as is determining the amount of the damages that should be awarded. If your attorney can obtainsummary judgement on your behalf, then you’ve won half the battle before anyone sets foot into a courtroom.www.richman-law-firm.com
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NYC Commercial Litigtion Lawyer

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