auto accident attorney Accident Legal Matters
Contact a seasoned attorney immediately If you've suffered injuries in a car accident. An attorney can assist you know your rights and obtain the compensation you are entitled to.
All drivers are accountable for adhering to traffic rules. If they violate that duty and cause harm, they are accountable.
Damages
In general there are two kinds of damages that can result from an accident. The first type, referred to as special damages, have a specific dollar value that is easy to determine. Items like medical bills or lost wages as well as vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.
In order to be eligible for compensation for non-economic losses, it is essential to be able to demonstrate that the injuries suffered were severe enough to merit the compensation. This is a daunting task, and the injured must be represented by an attorney.
Loss of enjoyment is one of the most common non-economic damages. This usually involves an amount of money that represents the diminished quality of life resulting as a result of injuries caused by accidents. This can include the inability of the victim to participate in activities that were once enjoyable like driving.
In some cases victims may seek punitive damages. This kind of damages are intended to punish the defendant for an egregious violation, and serves to deter others from similar acts in the future. Damages for punitive intent may not be available in all instances. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for others' safety.
Liability
If you're injured in an accident in a car and are injured, the person or company responsible for your injuries will be liable to pay you compensation. This includes reimbursement for medical expenses or property damage, loss of income, and non-economic damages such as pain and discomfort. In the majority of cases, it will be the driver who caused the accident. It is not uncommon for two drivers to share the blame. Some states apply what's called comparative negligence laws. In these, a jury will determine the percentage of fault each driver is responsible for and adjust the amount of damage in accordance with that percentage.
It is crucial that you demonstrate what transpired to an insurance company or to a judge and jury. This is known as the burden of proof. The plaintiff is responsible for the burden of proving. You must present evidence to prove that the accident occurred.
A government institution can be liable for an accident. This could happen when a road is not maintained properly or designed, and this contributes towards an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are the ones to blame in these kinds of claims as well. They could be held accountable for defects, such as brakes, tires and mechanical failures.
At-fault driver citations
Often, an officer can determine who caused an accident by studying the scene of the crash and questioning witnesses. If they believe a driver has violated traffic laws they might issue a ticket. Insurance companies could also use police reports to determine fault.
After an accident, it is normal for drivers to point fingers at each one another. However, this could be detrimental. This can not only give the driver behind you a bad impression but could also cause you to confess guilt in the court.
In the majority of car accidents, there are at least two people who share a percentage of responsibility. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage of claimant at fault in an accident. This could decrease the potential payout for injuries.
The the fact that a person is cited after a car accident may be powerful evidence that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case additional evidence may be needed to establish that the other driver was negligent and injured you. This includes witness testimony, evidence taken from the scene of the accident and medical records regarding your injuries.
Police reports
If law enforcement officers are at the scene of a car crash they will fill out an official police report. These reports include both the facts and opinions recorded by the officers at the scene at the time the accident took place. This is a crucial document for any
auto accident law firms accident claims. Insurance companies will scrutinize the report to help determine the fault and compensate the injured parties.
According to the jurisdiction, police reports could be considered admissible to court. The reason for this is that the police report contains statements from people who are not sworn witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence.
A typical police report includes information about the car, driver and the victims who were involved in the crash, as well as an account of the accident and any evidence found at the scene. Many police reports also include the officer's opinion on the circumstances of the crash and who is to blame.
Even if you're not injured, it is still in your best interests to file a police accident claim even if the incident seems minor. Some injuries don't show up in a hurry, and having solid documentation can be a huge help in helping you win the money you deserve for medical expenses.