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Contact a seasoned attorney immediately if you have been injured in a car accident. Your lawyer can assist you understand your rights and get the compensation you deserve.
All drivers are required to obey traffic laws. When they breach that duty and cause harm, they are liable.
Damages
In general there are two distinct kinds of damages that can result from an accident. The first kind of damage called special damages, have a dollar value that is easily calculated. Things like medical expenses, lost wages, and vehicle repairs are examples for special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.
In order to receive compensation for non-economic losses, it is essential to be able to demonstrate that the injuries suffered were severe enough to merit the compensation. This is a daunting task and the victim should be represented by a lawyer.
The loss of enjoyment is among the most commonly reported non-economic losses. It is typically a financial amount that is a reflection of a diminished quality of life because of injuries resulting from accidents. It also is the inability to participate in certain activities, like driving that were once enjoyable.
In some cases victims could be in a position to sue for punitive damages. This type of damage is designed to penalize the defendant for a particularly indecent act and to deter others from repeating the same actions in the future. The possibility of punitive damages is not available in every case and a successful claim relies on evidence that shows the defendant committed a crime with a clear disregard for other people's safety.
Liability
If you are injured in an automobile accident the person who caused your injuries is accountable to pay you. This will include money for medical expenses, property damage, loss of income as well as non-economic damages like suffering and pain. In most cases, this will be the driver who was responsible for the crash. It is not unusual for two drivers to share blame. Certain states have laws that are called comparative negligence, where the jury determines the percentage of each driver and adjusts the damages awarded according to the percentage.
It is essential that you prove what happened to an insurance company or to a judge and jury. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proving. You must prove to prove that the incident occurred.
Another kind of case that could be filed is when a government entity is accountable for the accident. This can happen when a roadway is poorly designed or maintained and Auto Accident Lawsuits this contributes to an accident. These are also known as roadway defect cases. These types of claims may also be brought by manufacturers. They could be accountable for the defects in cars, such as tires, brakes and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine who caused the accident by looking at the scene of the crash and speaking with witnesses. They could issue a ticket if they think a driver violated traffic laws. Insurance companies may also review police reports to determine fault.
It is common for drivers to point fingers at each other following an accident. This can be detrimental. This may not only give the driver behind you a bad impression but could also result in you committing a crime in court.
In most car accidents, there are at least two people who share a percentage of responsibility. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of fault. An insurance adjuster can sometimes make use of a traffic citation in order to increase the percentage of blame for the accident which could limit their settlement for their injuries.
The fact that someone is mentioned in a car accident could be evidence that they caused the accident. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other forms of evidence to prove that another driver was negligent and caused you harm. Witness testimony, evidence from the accident scene and medical records to show your injuries.
Police reports
When police officers arrive at a car auto accident site, they fill out an official report. The reports will contain both facts and opinions noted by the officers who are on scene at the time of the accident. This is a crucial document for any auto accident lawsuits accident claim. Insurance companies will study the report in order to determine the fault and compensate the injured parties.
In accordance with the region, police report are acceptable or not admissible in court. The police report contains statements of people who haven't been legally sworn as witnesses. In order for these statements to be used in a legal matter they must fall under one of the exemptions to hearsay law.
A typical report from a police officer includes information about the car, driver and the victims who were involved in the crash, as well as a description of the incident and any evidence discovered at the scene. Many police reports include an officer's opinion on the cause of the accident, and who is to blame.
Even if you're not injured, it's the best option to file a police accident claim, even if the accident seems to be minor. Documentation is important because there aren't all injuries obvious immediately.
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