holly springs auto accident lawyer Accident Legal Matters

If you've been injured in an Big Rapids Auto Accident Law Firm accident, call an experienced attorney as quickly as you can. Your lawyer can explain your rights and help you receive the compensation you deserve.

Every driver is required to follow traffic laws. If they violate that duty and cause harm, they are liable.

Damages

In general, there are two different kinds of damages that can result from an auto accident. The first type, referred to as special damages, have a clear dollar amount that is easy to calculate. Items like medical bills or lost wages as well as repair work on vehicles are examples of special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.

In order to receive compensation for non-economic losses, it is necessary to to prove that the injuries suffered were severe enough to merit such an award. This is a difficult task and the victim must be represented by an attorney.

One of the most common kinds of non-economic damages is the loss of enjoyment of life. This is usually a monetary amount that is a reflection of a diminished quality of living due to injuries sustained in accidents. This includes the inability of the victim to perform activities that were once pleasurable like driving.

In rare cases victims may be able to seek punitive damages. This type 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. Punitive damages may not be available in every case, and a successful claim relies on evidence that shows the defendant acted with conscious disregard for other people's safety.

Liability

If you are injured in an automobile accident the person or organization responsible for the injuries you sustained will be responsible to pay you compensation. This includes compensation for medical expenses or property damage, as well as loss of income as well as non-economic injuries like pain and suffering. In most cases, the driver that caused the crash will be responsible. However, it's not uncommon for the two drivers to share a portion of the blame. Certain states follow what's called comparative negligence laws where jurors determine the proportion of fault for each driver and adjust the damages awarded in accordance with that percentage.

It is important that you show to the satisfaction an insurance company or juror or judge that the incident occurred. The burden of evidence is what we refer to it. The burden is placed on the person who makes the claim - the plaintiff - and requires you to provide evidence of how your accident occurred.

Another type of situation that can be filed is when a government agency is at fault for the accident. This could occur when a highway is poorly maintained or designed and contributes to an accident. These kinds of claims are also known as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They may be responsible for defects in cars like brakes, tires and mechanical failure.

At-fault driver citations

Most of the time, police officers can determine who was the cause of an accident by studying the scene of the crash and speaking with witnesses. If they suspect that a driver has broken traffic laws, they can issue a citation. Insurance companies also look at police reports to determine who is at fault.

It is common for drivers to point fingers at each other after an accident. This can be harmful. It could not only leave the other driver a negative impression however, it could also cause you to confess guilt in court.

Most car accidents be caused by two or more people who share a portion of fault. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their percentage of blame. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This can decrease the potential payout for injuries.

The fact that someone is cited after a car accident can be a strong proof that they were the cause of the crash. It is not an assurance that a personal injury case will be successful. Depending on the circumstances of your case, you may require other forms of proof to prove that the negligence of another driver caused you harm. You will need witness testimony, evidence from the accident scene and medical records to show your injuries.

Police reports

When police officers arrive at a crash site, they fill out an official report. These reports contain both facts and opinions gathered by officers present at the time of the accident. This is a crucial document to be included in any claim for owensboro auto accident lawsuit accidents. Insurance companies will scrutinize the report in order to determine fault and compensation for the victims.

Based on the jurisdiction of the police, reports can or may not be admissible in court. The main reason is that the police report contains statements made by people who aren't sworn witnesses in court. To be able to be considered as evidence in a legal context they must fall within one of the hearingsay exceptions under law.

A typical police report will include information about the driver's identity, the vehicles and the people involved in the accident as well as an account of what transpired and any evidence found on the scene. A majority of police reports also include the officer's opinions about what caused the crash and who is to blame for it.

Even if you don't feel injured, it's in your best interests to file a police accident report, even if the accident seems minor. Documentation is important since not all injuries are obvious immediately.