shorewood auto accident law firm Accident Legal Matters

If you've been injured in a car accident, contact an experienced attorney as quickly as you can. Your lawyer can help you understand your rights and get the compensation that you are entitled to.

All drivers are required to observe traffic laws. If they fail to do so and cause harm, they are liable.

Damages

In general there are two distinct types of damages that can result from an automobile accident. The first, called special damages, are characterized by a clear dollar amount that is easy to determine. Examples of special damages include medical bills, lost wages, and repairs to vehicles are examples of special damages. The second type, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

To be able to claim compensation for losses that are not economic, it is essential to be able to demonstrate that the injuries suffered were serious enough to warrant the amount. This is a difficult task, and the injured party should be represented by an attorney.

Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a financial amount that is a reflection of a diminished quality of living as a result accident-related injuries. This includes the inability of the victim to take part in activities that were once pleasurable like driving.

In rare instances victims can claim punitive damages. The purpose of this type of damage is intended to punish the perpetrator and deter any future actions which are as indecent. Damages for punitive purposes are not available in every case and a successful case relies on evidence that shows the defendant acted with a conscious disregard for the safety of others.

Liability

If you suffer injuries in an automobile accident, the person responsible for the injuries you sustained is responsible to compensate you. This includes reimbursement for medical expenses, property damages, lost income, and any other non-economic damage that include pain and discomfort. In most instances, the driver who caused the accident will be the one responsible. It is not unusual for two drivers to share responsibility. Certain states have laws that are called comparative negligence, where a jury determines the percentage of each driver and adjusts the amount of damage in proportion.

It is vital to demonstrate what transpired to an insurance company or to a judge and jury. This is referred to as the burden of proof. The plaintiff is the one who bears the burden of proof. You must present evidence to prove that your accident happened.

Another kind of case that can be filed is when a government institution is responsible for the accident. This could happen when a road is not maintained or constructed properly, and this contributes towards an accident. These kinds of claims are also known as roadway defect cases. Sometimes, manufacturers are accountable in these types of claims too. They could be held liable for defects like brakes, tires and mechanical failures.

At-fault driver citations

Most of the time, police officers can determine the cause of an accident by looking at the scene of the crash and speaking with witnesses. If they suspect that a driver has violated traffic laws they can issue a citation. Insurance companies could also use police reports to determine fault.

It is natural for drivers to blame one another following an accident. But, this can be harmful. This may not only give the driver in front of you a bad impression but could also cause you to admit guilt in court.

In most car accidents there are usually two or more parties that share a certain amount of blame. Many states have modified comparative-fault rules, which allow claimants to recover damages less their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the percentage of at fault in an accident. This could decrease the possibility of a payout for injuries.

The incident that someone is cited after a car accident may be a strong proof that they were the cause of the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Depending on your case, other types of evidence could be required to show that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of an accident and medical records to show your injuries.

Police reports

When law enforcement officers attend the scene of a car crash, they will fill out an official police report. The reports contain both the facts and opinions that were recorded by the officers at the scene when the accident took place. This is an important document for any claim for Whiteland Auto Accident Lawyer accidents. Insurance companies also will review the report to determine fault and compensation.

In accordance with the area of jurisdiction, police reports can be admissible or not. The main reason is because the police report includes statements made by people who are not sworn witnesses in court. These statements must be included in an exception to the hearsay law to be admissible as evidence.

A typical report from a police officer contains information regarding the driver, vehicles and the people involved in the accident, as well as an account of what transpired and any evidence discovered on the scene. The majority of police reports include the officer's opinion on how the crash happened and who is the most to blame for it.

Even if you're not injured, it is still in your best interests to submit a police accident report even if the incident appears to be minor. There are many injuries that do not show up right away, and having solid documentation can make a big difference in helping you get the amount you are due for medical expenses.