Do Not Make This Blunder With Your Auto Accident Attorney
Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible if you have been injured in a car accident. Your attorney will explain your rights and help you get the compensation you are entitled to.
All drivers are obliged to abide by traffic laws. They are liable if they breach this duty and cause harm.
Damages
Generally speaking there are two kinds of damage that can result from a car accident. The first type, referred to as special damages, have a precise dollar value that is easy to determine. Special damages include medical expenses or lost wages, as well as vehicle repairs. The second type, auto Accident law firm which is referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain.
In order to receive compensation for losses that are not economic, it is necessary to to show that the injuries suffered were severe enough to merit the amount. This is not an easy task and the injured party must be represented by an attorney.
The loss of enjoyment is one of the most common non-economic damages. In general, this is the amount of money reflected in the reduced quality of life that is experienced because of injuries caused by accidents. It also is the inability to participate in certain activities, like driving, that used to be enjoyable.
In rare cases victims may pursue punitive damages. This type of loss is designed to punish the perpetrator for an egregious violation, and serves to deter others from repeating the same actions in the future. Damages for punitive intent may not be available in all instances. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for the safety of others.
Liability
If you are injured in an automobile accident, the person responsible for your injuries is liable to compensate you. This includes compensation for medical costs as well as property damage, lost income, and other damages, such as pain and discomfort. In most cases, the person who caused a crash will be accountable. It is not unusual for two drivers to share responsibility. Certain states have laws called comparative negligence. In these cases, the jury decides on the proportion of each driver's share and adjusts the amount of damage in proportion.
It is vital that you can demonstrate to the satisfaction an insurance company, jury or judge what took place. This is known as the burden of evidence. The burden is placed on the person making the claim, which is the plaintiff and it requires you to provide evidence of how your accident occurred.
Another kind of case that may be filed is when a government institution is the one responsible for the accident. This can occur when a roadway is poorly constructed or maintained and results in an accident. These claims are also called road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims too. They may be liable for defects in cars such as tires, brakes and mechanical failure.
At-fault driver citations
An officer will often be able to determine who was the culprit by analyzing the scene of the auto accident lawyer and interviewing witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies may also rely on police reports to determine the fault.
After an accident, it is normal for drivers to stare at each one another. However, this could be detrimental. It could not only leave the other driver a negative impression, but it could also result in you committing a crime in the court.
In most car accidents there are two or more parties that share a certain amount of fault. This is why many states adhere to modified comparative fault rules that allow the victim to seek compensation for damages minus their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the amount of compensation for injuries.
The fact that a person is mentioned in a vehicle crash could be a strong proof that they were the cause of the accident. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on your particular case other evidence may be needed to establish that the other driver was negligent and injured you. This could include witness testimony, evidence at the scene of the accident and medical records of your injuries.
Police reports
When officers from the police arrive at a car accident site they complete an official report. The reports will contain both facts and opinions noted by the officers who were on the scene at the time of the collision. This is a crucial document for any Auto accident Law Firm accident claims. Insurance companies also will review the report to determine fault and compensation.
Depending on the region, police report are admissible or not. The main reason for this is that the police report contains statements made by people who are not sworn witnesses in court. In order for these statements to be considered as evidence in a legal matter they must fall within one of the exemptions to hearsay law.
A typical report from a police officer includes information about the vehicle, driver, and victims involved in the crash, along with an account of the accident and any evidence that was found at the scene. Many police reports include an officer's opinion on the reason for the accident, and who is at fault.
Even if there is no indication that you are injured, it is still beneficial to file a police accident claim even if the incident seems to be minor. Documentation is essential because there aren't all injuries evident immediately.