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auto accident law firm Accident Legal Matters

If you are injured in a car accident, contact an experienced attorney as quickly as possible. Your attorney can help you understand your rights and get the compensation that you deserve.

All drivers are responsible for adhering to traffic laws. They are held accountable if do not abide by this obligation and cause harm.

Damages

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

In order to receive compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were severe enough to merit the compensation. This is a difficult task and the injured party must be represented by a lawyer.

One of the most popular types of non-economic damages is the loss of enjoyment life. It's usually a financial amount that indicates a decreased quality of life because of injuries resulting from accidents. This can include the inability of the victim to engage in activities that were once pleasurable like driving.

In rare instances victims could be capable of suing for punitive damage. This type of damages is intended to punish the defendant and discourage future acts that are just as bad. Punitive damages are not available in all instances. A successful claim will require evidence that the defendant acted with a conscious disregard for the safety of others.

Liability

If you're injured in an automobile accident the person who caused your injuries is accountable to compensate you. This includes compensation for medical costs, property damages, lost income, and any other non-economic damage such as pain and discomfort. In most cases, the person who caused the accident will be the one responsible. However, it's not uncommon for both drivers to share a portion of the blame. Certain states have what are called comparative negligence laws where the jury will decide the proportion of fault for each driver and adjust the damages awarded accordingly.

It is important that you prove to the satisfaction of an insurance company or a jury or judge what happened. This is referred to as the burden of proof. The plaintiff has the burden of proof. You must provide evidence to prove that your accident happened.

A government entity could also be held responsible for an accident. This could happen when a roadway has been poorly designed or maintained and this results in an accident. These kinds of claims are also referred to as roadway defect cases. Sometimes, manufacturers are accountable in these claims as well. They may be liable for car defects like brakes, tires and mechanical failure.

At-fault driver citations

Usually, a police officer can determine the cause of an accident by studying the scene of the crash and speaking with witnesses. If they believe that a driver has broken traffic laws, they could issue a ticket. Insurance companies also review police reports to determine who is at fault.

After an accident, it is normal for drivers to stare at each one another. This can be harmful. This could not only give the other driver a negative impression however, it could also cause you to admit guilt in court.

In most car accidents, there are usually two or more parties sharing a portion of blame. Most states have modified comparative-fault rules that allow claimants to recover damages less their percentage of blame. A traffic citation may be used by an insurance adjuster to increase the percentage of claimant fault in an accident. This can reduce the amount of compensation for injuries.

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

Police reports

If law enforcement officers are at the scene of a car crash they will complete an official police report. The reports will contain both facts and opinions that were recorded by the officers at the scene at the time the accident took place. It is an essential document for any claim involving an auto accident. Insurance companies will also look over the report to determine fault and the amount of compensation.

According to the area of jurisdiction, police reports can be admissible or not. The main reason is that the police report contains statements by individuals who are not sworn witnesses in court. To allow these statements to be used in a legal matter they must fall within one of the exemptions to hearsay law.

A typical police report includes details about the vehicle, driver, and victims involved in the crash, as well as an account of the accident and any evidence that was found at the scene. Many police reports also contain the officer's views on how the crash happened and who is to blame.

Even if you're not injured, it is still recommended to submit a police accident report even if the incident seems minor. Documentation is essential because there aren't all injuries visible immediately.