auto accident law firms Accident Legal Matters

Get in touch with an experienced attorney as soon as possible when you've been injured in a car accident. Your attorney can explain your rights and help to get the compensation you need.

All drivers are accountable for adhering to traffic rules. They can be held accountable if they violate this duty and cause harm.

Damages

In general there are two types of damages that may result from an auto accident lawsuits accident. The first, called special damages, have a clear dollar amount that is easy to calculate. Items like medical bills loss of wages, repairs to vehicles are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

In order to be eligible for compensation for losses that are not economic, it is essential to to prove that the injuries suffered were serious enough to warrant the award. This is an extremely difficult task, and the person who has suffered should be represented by an attorney.

One of the most prevalent types of non-economic damages is the loss of enjoyment of life. It's usually a financial amount that represents a lower quality of life due to injuries sustained in accidents. It also is the inability to participate in certain activities, like driving, that were once enjoyable.

In rare cases victims can seek punitive damages. This kind of damage is designed to punish the perpetrator for an egregious violation and to deter others from doing similar things in the future. Punitive damages are not available in every case and a successful case relies on strong evidence showing that the defendant was acting with conscious disregard for other people's safety.

Liability

When you are injured in a car accident, the person or entity responsible for your injuries will be held accountable to compensate you. This includes reimbursement for medical expenses as well as property damage, lost income, as well as non-economic damages such as pain and discomfort. In the majority of cases, it is the driver who caused the accident. It is not unusual for two drivers to share the blame. Some states apply what's called comparative negligence laws. In these, the jury will decide the proportion of fault for each driver and adjust the damages awarded accordingly.

It is crucial to prove what happened to an insurance company, or to a jury or judge. This is known as the burden of evidence. The burden falls on the person who makes the claim, namely the plaintiff and it requires you to provide evidence of how your accident happened.

Another type of case that can be brought is when a government entity is accountable for the accident. This can occur when a road is not properly designed or maintained and this can cause an accident. These kinds of claims are also referred to as road defect cases. These kinds of claims can also be brought by manufacturers. They could be accountable for car-related defects such as brakes, tires and mechanical failure.

At-fault driver citations

Usually, a police officer can determine the cause of an accident by analyzing the crash scene and interviewing witnesses. They may write an order if they believe that a driver has violated traffic laws. Insurance companies may also use police reports to determine fault.

It is natural for drivers to point fingers at one another after an accident. But, this can be detrimental. Besides giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court.

In the majority of car accidents there are at least two parties who share some level of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages less their percentage of blame. A traffic citation may be used by an insurance adjuster to increase the percentage claimant blame in an accident. This can reduce the amount of compensation for injuries.

The incident that someone is cited after a car accident may be strong evidence that they caused the crash. It's not an assurance that a personal injury lawsuit will be successful. Depending on the circumstances of your case, you may require other forms of proof to prove that the other driver was negligent and caused harm 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 car crash site they complete an official report. The reports will contain both information and opinions taken note of by the officers who were on the scene at the time the accident occurred. It is an essential document to be used in any auto accident claim. Insurance companies also will review the report to determine fault and compensation.

According to the jurisdiction, police reports can or may not be considered admissible in court. The police report contains statements of people who haven't been certified as witnesses. For these statements to be considered as evidence in a legal proceeding, they must fall under one of the exceptions to hearsay law.

A typical police report contains details regarding the driver, the vehicles and the victims who were involved in the crash, in addition to the details of the incident and any evidence that was found at the scene. Many police reports also contain the officer's opinion on the circumstances of the crash and who is to blame for it.

If you're not injured but you are not injured, it is the best option to always submit a police report after any accident you're involved in even if it appears to be minor. Not all injuries are apparent immediately and having a solid record can go a long way toward getting you the money you deserve for your medical expenses.