Question

This is related to Tort of Negligence

Geeko works as a delivery person for Auckland Technological University (ATU). He was to deliver the LAWS007 case notes for the students from ATU to the Tamaka campus last Monday when semester started. It was a lovely afternoon and the sun was out after a whole week of thunderstorms and gloomy skies. Geeko decided to detour to Takapuna beach (his girlfriend could meet him during her lunch break as she was working at one of the cafes nearby). On the way as he was rushing to save time he did not stop when the traffic lights were amber and the van he was driving collided with a motorcycle. The accident caused damage to the motorcycle and injury to the rider, Smartie. Smartie was doing a quick text on his mobile and did not realise what had just happened. He suffered a broken leg and had to repair his motorcycle for $500:

1.   Who is the tortfeasor?
2. Who is the plaintiff?
3. You need to advise the plaintiff who to sue for damages. Give reasons for your answer
4. Are the party or parties sued liable? Give reasons for your answer
5. Can the plaintiff claim damages for the personal injuries?
6. Can the plaintiff claim for all the damages to the motor cycle? Give reasons for your answer.

Answer 1

1.Both Geeko and Smartie, as both of them were violating the traffic rules.

2.Smartie who was driving the motor cycle and got injured is the plaintiff here.

3. -First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff. -Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.

-Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.F

-Fourth, in some cases, the plaintiff must prove special damages.

4. A lawsuit is a proceeding by a party or parties against another in the civil court of law.The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.

The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators.The term litigation may also refer to a Criminal procedure.

5. Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.

At the beginning of any legitimate personal injury case is, obviously, a personal injury. However uncertain the defendant’s liability or the extent of damages, no case will make it past the summary judgment stage without some proof of the plaintiff’s injury.

After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement  with the plaintiff and officially become the plaintiff’s attorney.

Some of the initial attorneys a plaintiff contacts may decline to accept the case or refer the plaintiff to another attorney. Regardless of whether the plaintiff hires an attorney, anything the plaintiff tells the attorney is strictly confidential and protected from disclosure in court by the attorney-client privilege.

A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.

6.

Recovering damages in a motorcycle incident is possible when the plaintiff is able to succeed in his or her litigation claim against the other driver when a collision causes property damage or physical injury. The various types of damages are generally typical for an auto accident to include items that affect the driver in other ways such as a lack of working during recovery.

When a driver of a motorcycle does encounter an incident such as a collision or another form of accident, he or she must hire a lawyer to pursue damages if the incident was serious enough. Property damage and injury are among the primary reasons to seek legal recourse against the instigator of the crash. Because a passenger or commercial vehicle is larger and heavier than a motorcycle, the wreck usually results in extensive or complete damage to the bike along with serious or grave injuries on the person driving. The bills and future recovery are often crippling without compensation.

Types of Damages to Seek

From any collision, the victim may seek a variety of damages based on what happened in the accident. This could lead to medical bills repaid to the person or an insurance company, therapy for future recovery and medication. If the person cannot work for some time, he or she may recover a portion of lost wages from a job he or she is unable to perform. Property damage compensation is available for the destruction or damaged motorcycle. Pain and suffering receive a percentage calculated by legal experts depending on how extensive the injuries and suffering involved. If the judge feels the driver requires additional punishment, he or she may award the victim with punitive damages added to the other compensation awarded.

In the motorcycle incident, the bike often receives sufficient damage to total the machine. By seeking reconstruction, repairs or a new bike, the victim may receive enough in compensation to replace the vehicle. This is important for the person that must seek therapy or treatment and cannot work during this period. For the property damage, the rider may recover and seek employment once the physical injuries heal and therapy ends so that he or she may move nearly or entirely as before. The insurance company may pay for the repairs or replacement with repayment from the defendant when the plaintiff wins the case.