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auto accident law firm Accident Legal Matters

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

All drivers have a duty to obey traffic laws. If they do not comply with this duty and cause injury, they can be held responsible.

Damages

Generally speaking there are two kinds of damages that could result from a car accident. The first, called special damages, have a specific dollar value that is easy to calculate. Special damages include medical bills loss of wages, vehicle repairs. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

To receive compensation for noneconomic losses you must establish that your injuries were severe enough to warrant this award. This is a difficult job and the person who was injured must be represented by an attorney.

Loss of enjoyment is one of the most commonly reported non-economic losses. This is usually a monetary amount that is a reflection of a diminished quality of life because of injuries resulting from accidents. Also, it is the inability to participate in certain activities, such as driving, which were once enjoyable.

In rare cases victims could be capable of suing for punitive damages. This kind of damages are designed to punish the perpetrator for a particularly egregious act and helps deter others from repeating the same actions in the future. Damages for punitive purposes are not available in every case and a successful claim is based on strong evidence showing that the defendant committed a crime with a clear disregard for the safety of others.

Liability

If you're injured in an automobile accident the person or entity responsible for your injuries will be liable to compensate you. This includes compensation for medical expenses as well as property damage, loss of income, as well as other damages such as suffering and pain. In most cases, this will be the driver who caused the accident. However, it's not unusual for two drivers to share some responsibility. Certain states have laws that are called comparative negligence, where jurors determine the percentage of each driver and adjusts the amount of damage according to the percentage.

It is important that you can demonstrate to the satisfaction an insurance company or judge and jury what occurred. The burden of proof is what we call it. The plaintiff is the one who bears the burden of proof. You must provide evidence to prove that your accident occurred.

A government entity can be liable for an accident. This can occur when a highway is not maintained properly or designed and contributes to an accident. These types of claims are also known as roadway defect cases. These types of claims may also be brought by manufacturers. They may be responsible for the defects in cars, like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who was the cause of an accident by studying the scene of the accident and interviewing witnesses. If they believe that a driver has violated traffic laws they can issue a citation. Insurance companies may also look at police reports to identify the source of the fault.

Following an accident, it is normal for drivers to glare at each one another. This can be detrimental. Besides giving the other driver the wrong impression, it could lead to an admission of guilt, which could be used against you in court.

In the majority of car accidents there are two or more parties sharing a portion of blame. Most states have modified comparative-fault rules that permit claimants to receive damages less their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage of fault in an accident. This could decrease the potential payout for injuries.

The fact that a person is cited in a car crash could be a strong proof that they were the cause of the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Based on your particular case, other types of evidence could be required to show that the other driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the site of the accident, as well as medical records regarding your injuries.

Police reports

When law enforcement personnel attend an auto accident law firms scene they will fill out an official police report. These reports include both the facts and opinions that were noted by the officers on the scene at the time the accident occurred. It is an essential document to be used in any Auto Accident Law Firm accident claim. Insurance companies will study the report to determine fault and compensation for the injured parties.

Depending on the region, police report are admissible in court or not. The police report includes statements from individuals who haven't been officially sworn in as witnesses. For these statements to be considered as evidence in a legal proceeding they must fall within one of the exceptions to hearsay law.

A typical police report includes details about the driver, vehicles involved and the victims in the crash and a description of what happened and any evidence found at the scene. Many police reports include an officer's opinion on the reason for the crash and who's responsible for the incident.

If you're not injured however, it is in your best interest to always complete a police investigation for any accident you're involved in even if it seems to be minor. It is crucial to document the incident because there aren't all injuries obvious immediately.