Auto Accident Legal Matters
If you've been injured as a result of an
auto accident, call an experienced attorney as quickly as you can. Your attorney will explain your rights and help you get the compensation that you deserve.
All drivers are required to observe traffic laws. When they breach that duty and cause harm, they are held accountable.
Damages
In general there are two distinct kinds of damages that could result from an
auto accident law firms accident. The first, called special damages, have a precise dollar amount that is easy to calculate. Items like medical bills as well as lost wages and vehicle repairs are examples for special damages. The second type of damage that are referred to as non-economic damages, is more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses you must establish that your injuries were serious enough to warrant such an award. This is a daunting task and the injured party should be represented by a lawyer.
One of the most popular kinds of non-economic damage is the loss of enjoyment in life. In general, this is an amount of money that represents the diminished quality of life that is experienced as a result of injuries resulting from accidents. It also includes the inability to participate in certain activities, like driving that were once enjoyable.
In rare cases victims may be able to pursue punitive damages. This kind of damage is designed to punish the perpetrator for a particularly indecent act, and serves to deter others from doing similar things in the future. The possibility of punitive damages is not available in all cases and a successful claim depends on the evidence that proves the defendant acted with conscious disregard for the safety of others.
Liability
If you are injured in a car accident the person who caused your injuries is responsible to pay you. This includes compensation for medical costs, property damages, lost income, and any other non-economic damage like pain and discomfort. In the majority of cases, it will be the driver that caused the crash. However, it is not unusual for two drivers to share some blame. Some states have laws that are known as comparative negligence, in which a jury determines the proportion of each driver's share and adjusts the damage award in proportion.
It is crucial that you demonstrate what transpired to an insurance company, or to a judge and jury. The burden of evidence is what we call it. The plaintiff bears the burden of proving. You must provide evidence to prove that the incident happened.
Another kind of situation that can be brought is when a government institution is at fault for the accident. This can be the case when a road is not maintained or constructed properly and contributes to an accident. These kinds of claims are also known as road defect cases. Sometimes, manufacturers are accountable in these kinds of claims as well. They could be accountable for defects in cars such as brakes, tires and mechanical failure.
At-fault driver citations
An officer will usually determine who caused an incident by analyzing the scene and interviewing witnesses. If they suspect that a driver has violated traffic laws they can issue a citation. Insurance companies may take a look at police reports to identify the source of the fault.
It is natural for drivers to blame one another following an accident. This can be harmful. This could not only give the other driver a negative impression however, it could also cause you to confess guilt in the court.
Most car accidents involve two or more people who share some degree of responsibility. This is the reason that most states have modified comparative fault rules that permit the claimant to seek compensation for damages minus their percentage of fault. Insurance adjusters can use a traffic citation to increase a claimant's share of responsibility for the accident, which may reduce their payout for their injuries.
The fact that someone is mentioned in a vehicle crash can be strong evidence that they were the cause of the accident. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on your particular case the other evidence may be required to show that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of the accident and medical documents to prove your injuries.
Police reports
If law enforcement officers are at the scene of a car crash they will complete an official police report. The reports include both information and opinions that are compiled by officers present at the time of the collision. It is an essential document for any
auto accident lawyer accident claim. Insurance companies will review the report as well to determine fault and the amount of compensation for the victims.
According to the location, police reports are admissible in court or not. The reason for this is that the police report contains statements by people who aren't witnesses in court. These statements have to fall under an exception to the law of hearsay in order to be used as evidence.
A typical police report includes details about the vehicle, driver and the victims involved in the crash, in addition to an account of the incident and any evidence that was found at the scene. Many police reports also include the officer's views on how the accident occurred and who is to blame.
If you're not injured however, it is ideal to always file a police report for any incident you're involved in even if the incident appears minor. Not all injuries are apparent right away and having evidence can be a huge help in helping you claim the money you deserve for medical expenses.