auto accidents accident law firm (Internet Page) Accident Legal Matters

If you've been injured as a result of an automobile accident, consult an experienced attorney as soon as you can. Your lawyer can explain your rights and help to get the compensation you need.

Every driver is required to observe traffic laws. If they fail to do so and cause harm, they are liable.

Damages

In general there are two kinds of damages that could result from a car crash. The first kind of damage known as special damages, has a dollar value that is easily determined. Things like medical expenses loss of wages, repairs to vehicles are examples of special damages. The second type of damages that are referred to as non-economic damages is more difficult to quantify. They include things like suffering and pain.

In order to receive compensation for non-economic losses you must demonstrate that your injuries were severe enough to warrant this award. This is a challenging task, and the person who has suffered should be represented by an attorney.

The loss of enjoyment is one of the most frequently reported non-economic damages. It is usually an amount of money that represents the lower quality of life resulting as a result of accident-related injuries. It also can result in the inability of participating in certain activities, like driving, which were once enjoyable.

In some cases, victims may be capable of suing for punitive damages. This kind of damage is intended to punish the defendant for a particularly indecent act and also to discourage other people from doing the same in the future. Punitive damages are not available in all cases, and a successful claim relies on strong evidence showing that the defendant acted with a conscious disregard for other people's safety.

Liability

If you suffer injuries in an accident involving a vehicle the person who caused your injuries is responsible to compensate you. This includes compensation for medical costs and property damages, as well as lost income, and other damages that include discomfort and pain. In most cases, this will be the driver who caused the crash. However, it is not uncommon for the two drivers to share some blame. Some states have laws known as comparative negligence, in which the jury decides on the percentage of each driver and adjusts the amount of damage accordingly.

It is vital that you demonstrate what transpired to an insurance company, or to a jury or judge. This is referred to as the burden of proof. The plaintiff has the burden of proof. You have to provide evidence to prove that the accident happened.

Another kind of case that could be filed is when a governmental entity is accountable for the accident. This can happen when a road is not maintained or constructed properly and causes an accident. These claims are also called road defect cases. These types of claims can also be brought by manufacturers. They could be accountable for car defects such as brakes, tires and mechanical failure.

At-fault driver citations

A police officer is often able to determine the cause by looking at the scene of the accident and interviewing witnesses. If they believe a driver has violated traffic laws they may issue a ticket. Insurance companies will also review police reports to help determine fault.

It is normal for drivers to point fingers at each other following an accident. This can be harmful. In addition to giving the driver a negative impression, it could result in an admission of guilt, which could be used against you in court.

In most car accidents there are usually two or more parties sharing a portion of fault. The majority of states have modified comparative fault rules, which allow claimants to recover damages less their proportion of fault. An insurance adjuster might use a traffic citation to increase a claimant's share of responsibility for the accident, which can reduce their payout for their injuries.

The the fact that a person is cited following a car crash could be strong evidence that they caused the crash. However, it is not an assurance of the outcome of an injury lawsuit. Based on the circumstances of your case you may require other types of evidence to prove another driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident and medical documents to prove your injuries.

Police reports

When officers from the police arrive at a crash site, they fill out an official report. These reports contain both the facts and opinions noted by the officers who were on the scene at the time of the collision. This is an important document for any auto accident attorney accident claim. Insurance companies will also review the report to determine fault and the amount of compensation.

Based on the jurisdiction of the police, reports could be considered admissible in court. The main reason is because the police report contains statements from individuals who are not sworn witnesses in court. For these statements to be used in a legal case they must be covered by one of the hearingsay exceptions under law.

A typical police report contains details regarding the driver, Auto Accident Law Firm vehicles involved and the victims in the crash along with an account of what transpired and any evidence discovered on the scene. A majority of police reports also include the officer's views on how the crash happened and who is most to blame.

If you are not hurt but you are not injured, it is ideal to always file a police report for any accident you're involved in even if it appears to be a minor. There are many injuries that do not show up in a hurry and having a solid record can make a big difference in helping you win the money you deserve for medical expenses.