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Contact a seasoned attorney immediately If you've suffered injuries in a car crash. Your attorney can explain your rights and help to get the compensation you need.
All drivers have a duty to obey traffic laws. They are liable if they do not abide by this obligation and cause harm.
Damages
In general, there are two types of damages that can result from a car crash. The first type of damages known as special damages, have the value of a dollar that can be easily calculated. Special damages include medical bills, lost wages and repairs to vehicles. The second type, referred to as non-economic damages, are more difficult to quantify. These include things such as suffering and pain.
In order to receive compensation for non-economic losses, you must be able show that your injuries were severe enough to warrant such an award. This is a difficult task and the person who was injured should be represented by an attorney.
Loss of enjoyment is among the most common non-economic damages. It is typically a financial amount that indicates a decreased quality of life because of injuries resulting from accidents. This includes the inability of the victim to perform activities that were once enjoyable, such as driving.
In rare instances, victims can pursue punitive damages. This kind of damages are designed to penalize the defendant for an egregious violation and to deter others from doing similar things in the future. Punitive damages are not offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others.
Liability
If you suffer injuries in an automobile accident the person or entity responsible for your injuries will be held accountable to compensate you. This includes compensation for medical expenses as well as property damage, loss of income and noneconomic damages like pain and suffering. In most instances, the driver who caused a crash will be accountable. It is not uncommon for the two drivers to share blame. Certain states follow what's called comparative negligence laws where the jury will decide the percentage of fault each driver is responsible for and adjust the damages awarded in proportion.
It is important that you demonstrate to the satisfaction of an insurance company or jury or judge what happened. The burden of evidence is what we refer to it. The plaintiff is responsible for the burden of proving. You must present evidence to prove that the incident happened.
A government institution can also be held accountable for an accident. This could happen when a roadway has been poorly designed or maintained and this can cause an auto accident law firms. These claims are also called roadway defect cases. These types of claims may also be brought by manufacturers. They could be held accountable for defects like brakes, tires and mechanical failures.
At-fault driver citations
Most of the time, police officers can determine who caused an accident by analyzing the crash scene and interviewing witnesses. They might issue tickets if they believe a driver violated traffic laws. Insurance companies can also use police reports to determine fault.
It is normal for drivers to point fingers at each other after an accident. This can be detrimental. This can not only give the other driver a bad impression however, it could also cause you to confess guilt in court.
In most car accidents, there are usually two or more parties who share some level of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages less their proportion of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage of responsible for an accident. This can decrease the chance of recovering compensation for injuries.
The fact that a person is mentioned in a vehicle crash could be proof that they caused the accident. However, it is not an assurance of the outcome of an injury lawsuit. Based on the circumstances of your case you may require additional types of proof to prove that the other driver was negligent and caused you harm. Witness testimony, evidence from the scene of an accident and medical documents to prove your injuries.
Police reports
When officers from the police arrive at a car crash site they will fill out an official report. These reports include both the facts and opinions that were noted by the officers on the scene when the incident occurred. This is an important document to be included in any claim for auto accidents. Insurance companies will also look over the report to determine fault and the amount of compensation.
Based on the jurisdiction of the police, reports could be accepted in court. The reason for this is that the police report includes statements made by people who are not sworn witnesses in court. These statements must be included in an exception to the law of hearsay in order to be used as evidence.
A typical police report will include information about the vehicle, driver as well as the victims of the crash, along with the details of the incident and any evidence that was discovered at the scene. Many police reports also include the officer's opinion on how the accident occurred and who is most to blame.
Even if you're not injured, it's in your best interests to file a police accident claim, even if the accident seems to be minor. There are many injuries that do not show up in a hurry and having a thorough record can help in helping you claim the money you deserve for medical expenses.
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