auto accident Law firm Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car crash. Your attorney will explain your rights and assist you get the compensation you need.

All drivers are responsible for adhering to traffic rules. 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 type of damages called special damages, has the value of a dollar that can be easily determined. Things like medical bills or lost wages as well as vehicle repair are examples of special damages. The second kind of damages that are 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 losses that are not economic, it is essential to be able to show that the injuries suffered were serious enough to warrant the award. This is an extremely difficult task, and the injured must be represented by an attorney.

One of the most common kinds of non-economic damages is the loss of enjoyment of life. This is usually a financial amount that represents a lower quality of life due to injuries sustained in accidents. This also can result in the inability of participating in certain activities, like driving, that were once enjoyable.

In a few cases, victims can seek punitive damages. These damages are intended to penalize the defendant and deter any future actions which are as indecent. The possibility of punitive damages is not available in all cases and a successful claim relies on the evidence that proves the defendant acted with conscious disregard for the safety of others.

Liability

If you suffer injuries in an automobile accident, the person responsible for the injuries you sustained is responsible to pay you. This includes money for your medical expenses and property damage, as well as loss of income as well as non-economic injuries like suffering and pain. In most cases, this will be the driver that was responsible for the crash. However, it's not unusual for two drivers to share some blame. Some states have laws that are known as comparative negligence, in which the jury determines the proportion of each driver's share and adjusts the damage award according to the percentage.

It is crucial to prove what happened to an insurance company or to a judge and jury. This is referred to as the burden of proof. The burden is shifted to the person who is making the claim - the plaintiff - and requires you to provide evidence of how your crash happened.

A government entity can be liable for an accident. This can happen when a road is not maintained properly or designed and contributes to an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are responsible in these claims as well. They may be held accountable for defects like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused an accident by analyzing the scene of the auto accident lawsuits and interviewing witnesses. They might issue a ticket if they think the driver was in violation of traffic laws. Insurance companies could also use police reports to determine fault.

After an accident, it is normal for drivers to stare at each other. However, this could be detrimental. This could not only give the other driver a negative impression but could also lead to you admitting guilt in court.

In most car accidents there are usually two or more parties sharing a portion of fault. Most states have modified comparative-fault rules that permit claimants to receive damages less their percentage of fault. An insurance adjuster might apply a traffic citation to increase the percentage of fault in the accident, which can reduce their settlement for their injuries.

The fact that someone is cited in a car accident could be evidence that they caused the accident. It is not any guarantee that a personal-injury case will be successful. Depending on the situation additional evidence may be required to show that the other driver was negligent and injured you. This could include witnesses' testimony, evidence from the site of the accident, as well as medical records of your injuries.

Police reports

When officers from the police arrive at a crash site they complete an official report. These reports contain both facts and opinions of the officers who were on the scene at the time of the crash. This is a crucial document to be included in any auto accident law firms accident claim. Insurance companies will review the report as well to determine the cause of the accident and to pay compensation to the injured parties.

Based on the jurisdiction, police reports could be admissible in court. The main reason is because the police report includes statements made by people who aren't witnesses in court. To allow these statements to be considered as evidence in a legal proceeding, they must fall under one of the exemptions to hearsay law.

A typical report from a police officer includes details about the vehicle, driver and the victims involved in the crash, in addition to an account of the incident and any evidence found at the scene. Many police reports include the officer's opinion about the cause of the crash and who's at fault.

If you're not injured however, it is in your best interest to always complete a police investigation for any accident you're involved in even if it appears to be a minor. Documentation is important since there aren't all injuries evident immediately.