auto accident lawyer Accident Legal Matters

If you've suffered injuries in a car accident, contact an experienced attorney as quickly as you can. Your lawyer can help you know your rights and obtain the compensation that you deserve.

Every driver is required to observe traffic laws. If they violate that duty and cause harm, they are held accountable.

Damages

In general there are two kinds of damages that can result from an accident. The first type, referred to as special damages, are characterized by a clear dollar amount that is easy to calculate. Special damages are medical bills or lost wages, as well as vehicle repairs. The second kind, auto accidents referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.

In order to receive compensation for losses that are not economic, it is necessary to to prove that the injuries sustained were severe enough to merit the compensation. This is a challenging task, and the person who has suffered should be represented by an attorney.

One of the most frequent kinds of non-economic damage is the loss of enjoyment of life. It's usually a financial amount that reflects a reduced quality of living due to injuries sustained in accidents. It also is the inability to participate in certain activities, such as driving, that used to be enjoyable.

In rare instances victims may sue for punitive damages. This kind of compensation is designed to punish the defendant and deter any future actions that are just as bad. Damages for punitive purposes are not available in every case and a successful claim is based on evidence that shows the defendant committed a crime with a clear disregard for other people's safety.

Liability

If you are injured in a car accident the person who caused your injuries is responsible to pay you. This includes compensation for medical costs, property damages, lost income, and other damages, such as discomfort and pain. In most cases, the person who caused the accident will be responsible. It is not unusual for two drivers to share responsibility. Certain states follow what's known as comparative negligence laws, where the jury will decide each driver's percentage of fault and adjust the damage award accordingly.

It is crucial that you can show to the satisfaction an insurance company or a judge and jury what occurred. The burden of evidence is what we refer to it. The plaintiff has the burden of proof. You have to provide evidence to prove that the accident took place.

Another kind of case that may be filed is when a governmental entity is the one responsible for the auto accident lawyer. This could occur when a roadway is poorly maintained or designed and contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are responsible in these kinds of claims as well. They could be held liable for auto accidents defects like brakes, tires, and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused an accident by studying the scene of the accident and interviewing witnesses. They can issue an order if they believe a driver violated traffic laws. Insurance companies may also examine police reports to help them determine the cause of the incident.

It is common for drivers to blame one another after an accident. This can be harmful. Apart from giving the other driver the wrong 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 that share a certain amount of fault. This is the reason why most states use modified comparative blame rules that permit the claimant to recover damages minus their share of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. This can reduce the amount of compensation for injuries.

The fact that a person is mentioned in a car crash could be proof that they were responsible for the crash. It's not an assurance that a personal-injury case will be successful. Based on your particular case additional evidence may be required to establish that the other driver was negligent and injured you. This could include witness testimony, evidence from the site of the accident, as well as medical records regarding your injuries.

Police reports

When law enforcement personnel attend a car accident scene they will fill out an official police report. These reports contain both facts and opinions gathered by officers who were on the scene at the time of the crash. This is a crucial document for any claim for auto accidents. Insurance companies also will review the report to determine fault and the amount of compensation.

In accordance with the jurisdiction, police reports are admissible or not. The main reason is because the police report contains statements made by people who aren't witnesses in court. These statements have to fall under an exception to the hearsay law in order to be used as evidence.

A typical police report contains details regarding the driver, vehicles and victims involved in the crash along with an account of what transpired and any evidence found on the scene. Many police reports include an officer's opinion on the reason for the accident and who is to blame.

If you're not injured but you are not injured, it is in your best interest to always make a police report of any incident you're involved in even if it seems minor. It is crucial to document the incident because there aren't all injuries evident immediately.