auto accident law firms Accident Legal Matters

Contact a seasoned attorney immediately If you've suffered injuries in a car accident. Your lawyer can explain your rights and assist you get the compensation that you need.

All drivers are required to follow traffic laws. 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, referred to as special damages, are characterized by a clear dollar amount that is easy to determine. Items like medical bills, lost wages, and repairs to vehicles are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

To receive compensation for losses that are not economic, it is necessary to be able to prove that the injuries suffered were severe enough to merit the award. This is a difficult task, and the injured must be represented by an attorney.

Loss of enjoyment is one of the most commonly reported non-economic losses. This is usually a financial amount that reflects a reduced quality of living due to injuries sustained in accidents. It also can result in the inability of participating in certain activities, such as driving, that were once enjoyable.

In rare instances victims might be allowed to sue for punitive damage. These damages are intended to punish the defendant and deter any future actions that are as egregious. Punitive damages are not available in all cases, and a successful claim depends on the strength of evidence that proves the defendant was acting with conscious disregard for the safety of others.

Liability

If you're injured in an automobile accident the person who caused your injuries is liable to compensate you. This includes money for medical expenses or property damage, as well as loss of income as well as non-economic damages like pain and suffering. In the majority of cases, the driver that caused a crash will be accountable. However, it's not uncommon for the two drivers to share some blame. Some states follow what is called comparative negligence laws where jurors determine the proportion of fault for each driver and adjust the damage award in proportion.

It is vital that you can demonstrate what transpired to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The plaintiff has the burden of proving. You must present evidence to prove that your auto accident attorneys occurred.

A government entity could also be held accountable for an accident. This can happen when a road is not maintained properly or designed which can lead to an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are the ones to blame in these kinds of claims too. They may be held accountable for defects like brakes, tires, and mechanical failures.

At-fault driver citations

Usually, a police officer can determine the cause of an accident by studying the crash scene and interviewing witnesses. They may write tickets if they believe a driver violated traffic laws. Insurance companies will take a look at police reports to help determine fault.

It is normal for drivers to point fingers at one another after an accident. This can be detrimental. This could not only give the other driver a bad impression however, it could also lead to you admitting guilt in the court.

In most car accidents there are two or more parties who share some level of fault. This is why many states use modified comparative blame rules that allow the victim to recover damages that are less than their proportion of fault. An insurance adjuster can sometimes utilize a traffic ticket to increase the percentage of fault in the accident, which may reduce their compensation for their injuries.

The incident that someone is cited after a car accident may be powerful evidence that they caused the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on your particular case other evidence could be required to prove that the other driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the scene of the accident as well as medical records detailing your injuries.

Police reports

When officers from the police arrive at a crash site they complete an official report. These reports include both details and opinions taken note of by the officers who were on the scene when the accident took place. This is an important document for any auto accidents accident claim. Insurance companies will also review the report to determine the fault and amount of compensation.

Based on the jurisdiction, police reports are admissible or not in court. The police report includes statements from individuals who haven't been legally sworn as witnesses. For these statements to be considered as evidence in a legal proceeding they must fall within one of the exceptions to hearsay law.

A typical police report contains details about the driver, the vehicles involved and the victims in the crash along with the details of what happened and any evidence found on the scene. Many police reports also include the officer's opinion on what caused the crash and who is to blame.

Even if there is no indication that you are injured, it's beneficial to submit a police accident report even if the incident seems minor. Documentation is important since not all injuries are evident immediately.