auto accident law firm Accident Legal Matters
Contact an experienced attorney right away if you have been injured in a car crash. Your lawyer can assist you learn about your rights and help you get the compensation you deserve.
All drivers have a duty to obey traffic laws. If they violate that duty and cause harm, they are accountable.
Damages
Generally speaking there are two kinds of damages that could result from a car crash. The first type called special damages, comes with a value in dollars that is easily determined. Things like medical expenses loss of wages, vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses, it is essential to be able to prove that the injuries suffered were severe enough to merit such an award. This is a difficult task and the person who was injured must be represented by an attorney.
One of the most frequent kinds of non-economic damage is the loss of enjoyment life. It is usually a monetary sum that reflects the lower quality of life due to accident-related injuries. This can include the inability of the victim to take part in activities that were once enjoyable, such as driving.
In a few cases victims may sue for punitive damages. This type of damages is intended to penalize the defendant and deter any future actions that are as egregious. Damages for punitive purposes are not available in every case and a successful claim is based on the strength of evidence that proves the defendant acted with conscious disregard for other people’s safety.
Liability
If you are injured in an Auto accident attorney accident, the person responsible for your injuries is liable to pay you. This includes money for your medical expenses as well as property damage, loss of income, and other non-economic damages such as suffering and pain. In the majority of cases, it will be the driver who caused the crash. However, it’s not unusual for two drivers to share a portion of the blame. Certain states have laws that are called comparative negligence, where jurors determine the percentage of each driver and adjusts the damage amount in proportion.
It is vital to prove what happened to an insurance company, or to a jury or judge. The burden of evidence is what we call it. The burden is placed on the person making the claim – the plaintiff – and requires you to show proof of how the crash occurred.
Another kind of case that may be filed is when a government institution is the one responsible for the accident. This could happen when a road is not properly constructed or maintained, and this can cause an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are accountable in these kinds of claims too. They could be held accountable for defects such as brakes, tires, and mechanical failure.
At-fault driver citations
Usually, a police officer can determine who caused an accident by looking at the crash scene and interviewing witnesses. If they believe that a driver has violated traffic laws they can issue a citation. Insurance companies could also use police reports to determine the fault.
After an accident, it is normal for drivers to point at each one another. However, this could be harmful. This could not only give the driver behind you a bad impression however, it could also result in you committing a crime in court.
In the majority of car accidents there are usually two or more parties that share a certain amount of fault. The majority of states have modified comparative fault rules that allow claimants to recover damages that are less than their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant responsible for an accident. This can reduce the amount of compensation for injuries.
The fact that someone is mentioned in a vehicle accident could be evidence that they caused the crash. However, it is not an assurance of the outcome of an injury lawsuit. Depending on the circumstances of your case, you may require additional types of evidence to prove that another driver was negligent and caused harm to you. This could include witnesses’ testimony, evidence from the site of the accident, as well as medical records detailing your injuries.
Police reports
When police officers arrive at a crash site, they fill out an official report. The reports will contain both facts and opinions of the officers who are on scene at the time of the collision. This is an important document to be included in any auto accident attorneys accident claim. Insurance companies will also review the report to determine fault and the amount of compensation.
In accordance with the jurisdiction, police reports are admissible in court or not. The police report includes statements from people who aren’t legally sworn as witnesses. In order for these statements to be considered as evidence in a legal proceeding they must fall within one of the hearingsay exceptions under law.
A typical police report includes details regarding the driver, vehicles and the victims involved in the accident, as well as a description of what happened and any evidence found at the scene. The majority of police reports include the officer’s views on how the crash happened and who is responsible for the incident.
If you’re not injured it is the best option to always submit a police report after any accident you’re involved in even if it seems minor. Not all injuries show up in a hurry, and having solid documentation can be a huge help in helping you claim the compensation you’re entitled to for medical expenses.
