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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 soon as you can. An attorney can explain your rights and assist you get the compensation that you are entitled to.

All drivers have a duty to obey traffic laws. If they violate that duty and cause harm, they are held accountable.

Damages

Generally speaking there are two types of damages that can result from a car crash. The first kind of damage called special damages, comes with a dollar value that can be easily determined. Things like medical bills loss of wages, repair work on vehicles are examples of special damages. The second kind of damage, referred to as non-economic damage is more difficult to quantify. They include things like suffering and pain.

In order to be eligible for compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were serious enough to warrant such an award. This is not an easy task and the victim should be represented by a lawyer.

Loss of enjoyment of life is among the most commonly reported non-economic losses. In general, this is a monetary sum that reflects the reduced quality of life that is experienced as a result of the accident-related injuries. This includes the inability for the victim to participate in activities that were once pleasurable like driving.

In some cases victims can sue for punitive damages. This kind of damages are designed to punish the defendant for an egregious violation and to deter others from repeating the same actions in the future. Punitive damages are not available in all cases, and a successful claim depends on strong evidence showing that the defendant acted with a conscious disregard for other people's safety.

Liability

If you suffer injuries in a car accident, the person or entity responsible for the injuries you sustained will be responsible to compensate you. This will include money for medical expenses or property damage, as well as loss of income and noneconomic damage like suffering and pain. In most cases, this will be the driver that caused the crash. It is not uncommon for the two drivers to share responsibility. Certain states have laws called comparative negligence, where a jury determines each driver's percentage and adjusts the amount of damage in proportion.

It is vital to show to the satisfaction an insurance company, jury or judge what happened. The burden of evidence is what we refer to it. The burden is shifted to the party making the claim - the plaintiff - and requires you to show the evidence that demonstrates how your accident happened.

Another type of situation that can be filed is when a government institution is at fault for the accident. This could occur when a highway is not maintained or constructed properly and causes an accident. These types of claims are also referred to as roadway defect cases. These kinds of claims can also be brought by manufacturers. They may be liable for car defects such as brakes, tires and mechanical failure.

At-fault driver citations

In most cases, auto accident law Firm an officer is able to determine the cause of an accident by analyzing the crash scene and interviewing witnesses. If they believe that a driver is in violation of traffic laws, they could issue a ticket. Insurance companies may also rely on police reports to determine the fault.

It is normal for drivers to point fingers at one another following an accident. However, this could be detrimental. Besides giving the other driver a negative 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 responsibility. This is why most states follow modified comparative fault rules that allow the claimant to seek compensation for damages minus their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the percentage claimant blame in an accident. This could decrease the possibility of a payout for injuries.

The fact that a person is mentioned in a car crash could be proof that they were responsible for the accident. However, it is not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case, you may require other types of evidence to show that an other driver was negligent and caused harm to you. This includes witnesses' testimony, evidence from the scene of the accident, and medical records detailing your injuries.

Police reports

When police officers arrive at a crash site they will fill out an official report. The reports include both information and opinions of the officers who were on the scene at the time of the collision. It is an essential document for any claim involving an auto accident lawsuits accident. Insurance companies will also look over the report for fault and compensation.

Based on the jurisdiction, police reports may or may not be admissible in court. The police report includes statements from people who aren't legally sworn as witnesses. To allow these statements to be used in a legal matter, they must fall under one of the exceptions to hearsay law.

A typical police report includes details about the driver, the vehicles and the people involved in the accident along with the details of what happened and any evidence found at the scene. Many police reports include an officer's opinion on the reason for the accident and who is at fault.

If you are not hurt however, it is ideal to always complete a police investigation for any accident you're involved in even if it seems to be minor. Documentation is important since not all injuries are visible immediately.