Bronx Car Accident Lawyer

Bronx Car Accident Guide

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Most lawsuits resulting from a car accident in the Bronx will be filed in Bronx County Supreme Court.  The court is located at 851 Grand Concourse, Bronx New York 10541.  581 Grand Concourse also houses Bronx Surrogate Court, Bronx Civil Court, and other municipal offices.

Simply because a lawsuit is filed in the Bronx Supreme Court, that doesn’t mean that the case will stay in this court.  There are many mechanisms for which venue can be changed.  Many of the laws governing State civil practice can be found in the CPLR (Civil Practice Laws and Rules).  CPLR 325(d) provides for the Supreme Court to send the case down to the lower Civil Court which has a lower threshold for jurisdiction.  While plaintiff’s lawyers as a whole dislike the practice of having their cases “325d” some attorneys prefer having their cases handled in Civil Court.  From time to time, cases in Civil Court can proceed to trial in less days.  Another mechanism to change venue is the motion to change venue.  In such a motion, an attorney can argue that some other county may be more legally qualified to adjudicate the case.  Under this scenario, a case that starts in the Bronx may be moved to Suffolk County if a presiding judge deems it legally necessary to do so.

The Basics

In every car a case there is a plaintiff and a defendant.  The plaintiff is the person that brings forward a claim that a negligent party has caused their serious injury for which the need to be made whole.  And, the way for them to be made whole is with monetary compensation.  The defendant is the person alleged to be negligent and to be responsible for the injury. 

Causation

During the course of a Bronx car accident case, a plaintiff must be able to prove that the injury was caused by the negligent actions of the defendant.  Just because the plaintiff suffers from a herniated disc in their lower back, that does not mean that the defendant caused the injury.  It is possible for the defendant to establish that the injury was pre-existing and any injury suffered therein was not a direct result of his actions.

Burden of Proof

A plaintiff in a car accident sustains the burden of proof.  They must establish, among other things, causation, negligence, and injury by a preponderance of the evidence. 

About the Bronx

The Bronx has been the home to some of the largest plaintiff’s verdicts in New York State. It is the home of the world champion New York Yankees.  It has a population of over 1.3 million and is located just north of Manhattan and south of Westchester County.  It is the third most densely populated county in the United States.

About Our Firm

Our lawyers have over 30 years of legal experience.  Our attorneys have been recognized as top lawyers in New York and have been given superb reviews by avvo.com.  Give our lawyers a call to schedule your confidential consultation today. We can be reached at 800-893-9645.