auto accident law firms Accident Legal Matters

Get in touch with an experienced attorney as soon as possible if you have been injured in a car crash. An attorney can explain your rights and assist you get the compensation you are entitled to.

All drivers are accountable for obeying traffic laws. If they violate that duty and cause injury, they can be held responsible.

Damages

In general there are two kinds of damages that may result from a car accident. The first, known as special damages, have a clear dollar value that is easy to calculate. Things like medical expenses loss of wages, repair work on vehicles are examples of special damages. The second type, auto accident lawsuits which is referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering.

To receive compensation for non-economic losses it is necessary to be able to prove that the injuries sustained were severe enough to merit the award. This is a difficult task and the injured party must be represented by a lawyer.

Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that is a reflection of a diminished quality of life due to injuries caused by accidents. This can include the inability of the victim to perform activities that were once pleasurable, such as driving.

In rare cases victims can sue for punitive damages. This kind of compensation is intended to punish the defendant and discourage future acts that are just as bad. Damages for punitive purposes are not available in all cases and a successful case relies on strong evidence showing that the defendant acted with a conscious disregard for other people's safety.

Liability

When you are injured in an accident in a car the person or entity responsible for your injuries will be held accountable to compensate you. This includes compensation for medical expenses as well as property damage, lost income, and non-economic damages that include pain and discomfort. In the majority of cases, the driver who caused a accident will be the one responsible. It is not uncommon for the two drivers to share blame. Certain states follow what's known as comparative negligence laws. jurors will determine the respective percentage of blame for each driver and adjust the damage award in accordance with that percentage.

It is essential that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of evidence is what we call it. The burden is placed on the party making the claim - the plaintiff and it requires you to show proof of how the accident occurred.

A government agency can also be held responsible for an accident. This could happen when a roadway isn't properly constructed or maintained and contributes to an accident. These kinds of claims are also known as roadway defect cases. Sometimes, manufacturers are the ones to blame in these types of claims too. They may be responsible for the defects in cars, Auto Accident Lawsuits such as brakes, tires and mechanical failure.

At-fault driver citations

A police officer is often able to determine who caused an incident by analyzing the scene and interviewing witnesses. They might issue tickets if they believe a driver violated traffic laws. Insurance companies also look at police reports to help them determine who is at fault.

Following an accident, it is normal for drivers to point at each other. This can be detrimental. While giving the other driver the wrong impression, it could lead to an admission of guilt, which could be used against you in court.

In most car accidents, there are two or more parties who share some level of blame. This is the reason why most states adhere to modified comparative fault rules that allow the victim to recover damages that are less than their share of blame. A traffic citation can be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This could reduce the amount of compensation for injuries.

The fact that someone is mentioned after a car accident may be powerful evidence that they caused the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on your case other evidence may be needed to prove that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of an accident and medical records to show your injuries.

Police reports

When law enforcement personnel attend an accident scene they will fill out an official police report. These reports include both the information and opinions recorded by the officers at the scene when the accident took place. This report is essential for any claim involving an Auto Accident Lawsuits accident. Insurance companies will examine the report to determine the cause of the accident and to pay compensation to the victims.

According to the jurisdiction, police reports may or may not be considered admissible in court. The police report contains testimony from people who aren't sworn in as witnesses. These statements have to fall under an exception to the hearsay law to be admissible as evidence.

A typical police report will include information about the driver, the vehicles and victims involved in the accident along with a description of what happened and any evidence found on the scene. A majority of police reports also include the officer's opinion on the circumstances of the crash and who's responsible for the incident.

Even if you're not injured, it's the best option to submit a police accident report, even if the accident appears to be minor. Some injuries don't show up in a hurry and having a thorough record can help in helping you win the compensation you deserve for medical expenses.