auto accident law firm Accident Legal Matters

If you've been injured in an accident in the car, you should contact an experienced attorney as quickly as possible. Your lawyer can explain your rights and help you receive the compensation you are entitled to.

All drivers are required to follow traffic laws. They are accountable if they breach this duty and cause harm.

Damages

In general there are two kinds of damage that can result from a car accident. The first type of damage known as special damages, have a value in dollars that is easily calculated. Examples of special damages include medical bills, lost wages, and repair work on vehicles are examples of special damages. The second type, 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 be able to demonstrate that the injuries suffered were severe enough to merit such an award. This is a challenging task, and the person who has suffered should be represented by an attorney.

Loss of enjoyment of life is one of the most frequent non-economic damages. It is usually the amount of money reflected in the reduced quality of life that is experienced because of injuries caused by accidents. This could include the inability of the victim to participate in activities that were once enjoyable like driving.

In rare cases victims may be able to pursue punitive damages. This type of damages is intended to punish the perpetrator and deter future acts that are just as bad. Punitive damages are not available in all instances. A successful claim will require evidence that the defendant acted with a conscious disregard for the safety of others.

Liability

If you are injured in an auto accident attorney accident the person responsible for your injuries is liable to compensate you. This includes compensation for medical expenses or property damage, as well as loss of income and noneconomic damage like suffering and pain. In most cases, the driver that caused the accident will be responsible. It is not uncommon for the two drivers to share responsibility. Certain states have laws called comparative negligence. In these cases, the jury decides on the percentage of each driver and adjusts the damages awarded according to the percentage.

It is vital that you can prove what happened to an insurance company or to a jury or judge. This is referred to as the burden of evidence. The plaintiff is responsible for the burden of proof. You have to provide evidence to prove that the incident occurred.

Another type of case that could be filed is when a government agency is at fault for the accident. This could happen when a roadway has been poorly constructed or maintained and can cause an accident. These are also referred to as roadway defect cases. Sometimes, manufacturers are accountable in these kinds of claims as well. They could be held responsible for the defects in brakes, tires, and mechanical failures.

At-fault driver citations

In most cases, an officer is able to determine the cause of an accident by analyzing the crash scene and interviewing witnesses. They might issue an accusation if they believe a driver violated traffic laws. Insurance companies may also use police reports to determine fault.

After an accident, it is normal for drivers to point at each other. However, this could be detrimental. It could not only leave the other driver a bad impression, but it could also cause you to confess guilt in court.

In the majority of car accidents, there are usually two or more parties that share a certain amount of responsibility. This is why most states use modified comparative blame rules that permit the claimant to claim damages less their percentage of fault. An insurance adjuster might make use of a traffic citation in order to increase the percentage of blame for [empty] the accident which could limit their payout for their injuries.

The fact that someone is mentioned in a car accident could be evidence that they were the cause of the accident. It's not a guarantee that a personal injury case will be successful. Based on the circumstances of your case you may need other types of evidence to show that another driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident, and medical records to prove your injuries.

Police reports

When law enforcement officers visit an accident scene, they will fill out an official police report. These reports include both details and opinions recorded by the officers at the scene at the time the accident took place. This is a crucial document to be used in any auto accident claim. Insurance companies will study the report in order to determine the fault and compensate the injured parties.

Based on the location, police reports are admissible or not in court. The police report may contain statements of people who haven't been certified as witnesses. In order for these statements to be considered as evidence in a legal proceeding they must be covered by one of the exemptions to hearsay law.

A typical police report will include information about the vehicle, driver and the victims who were involved in the crash, as well as an account of the accident and any evidence that was found at the scene. A majority of police reports also include the officer's opinions about what caused the crash and who's to blame.

Even if you're not injured, it's recommended to file a police accident claim even if the incident seems minor. Documentation is important because there aren't all injuries obvious immediately.