The Three Greatest Moments In Auto Accident Attorney History
Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as quickly as you can. Your lawyer can explain your rights and help you get the compensation you need.
Every driver is responsible to obey traffic laws. If they violate that duty and cause harm, they are accountable.
Damages
In general there are two kinds of damages that could result from a car crash. The first, called special damages, have a clear dollar value that is easy to determine. Items like medical bills, lost wages, and repairs to vehicles are examples of special damages. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things such as pain and suffering.
To be eligible for compensation for noneconomic losses you must establish that your injuries were severe enough to warrant such an award. This is an extremely difficult task, and the person who has suffered must be represented by an attorney.
One of the most prevalent kinds of non-economic damages is the loss of enjoyment life. It's usually a financial amount that reflects a reduced quality of living as a result accident-related injuries. This includes the inability for the victim to participate in activities that were once pleasurable like driving.
In rare instances victims can pursue punitive damages. This kind of damage is designed to punish the defendant for a particularly indecent act, and serves to deter other people from doing the same in the future. Damages for punitive purposes are not available in every case, and a successful case relies on evidence that shows the defendant acted with a conscious disregard for the safety of others.
Liability
When you are injured in an automobile accident the person or entity responsible for your injuries will be liable to pay you compensation. This includes compensation for medical expenses or property damage, as well as loss of income, and other non-economic damages such as suffering and pain. In most cases, this will be the driver that caused the crash. However, it's not uncommon for the two drivers to share a portion of the blame. Certain states follow what's called comparative negligence laws. In these, jurors will determine the respective percentage of blame for each driver and adjust the damage award according to that.
It is vital that you can demonstrate to the satisfaction of an insurance company, jury or judge what took place. This is known as the burden of proof. The burden is shifted to the person making the claim - the plaintiff and it demands that you provide the evidence that demonstrates how your accident occurred.
Another kind of case that may be filed is when a government agency is accountable for the accident. This can occur when a highway is not maintained or constructed properly and contributes to an accident. These are also known as road defect cases. Sometimes, the manufacturers are responsible in these types of claims too. They may be responsible for car defects like brakes, tires and mechanical failure.
At-fault driver citations
An officer will often be able to determine who was the culprit by looking at the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws, they can issue a citation. Insurance companies could also use police reports to determine the fault.
It is common for drivers to point fingers at one another after an accident. This can be detrimental. This could not only give the other driver a negative impression, but it could also lead to you admitting guilt in the court.
The majority of car accidents be caused by two or more people who share a certain amount of fault. This is why many states use modified comparative blame rules that allow the claimant to recover damages minus their percentage of fault. An insurance adjuster might apply a traffic citation to increase a claimant's percentage blame in an accident, which could reduce their potential payout for their injuries.
The fact that someone is cited in a car crash can be strong evidence that they are responsible for the crash. It is not a guarantee that a personal injury case will be successful. Depending on the circumstances of your case, you may require other forms of proof to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident and medical documents to prove your injuries.
Police reports
When police officers arrive at a crash site and are asked to fill out an official report. auto accident attorney hollywood include both information and opinions of the officers who are on scene at the time of the crash. This is an important document for any claim for auto accidents. Insurance companies will review the report in order to determine fault and compensation for the victims.
According to the jurisdiction, police reports could or might not be admissible in court. The police report contains testimony from people who aren't officially sworn in as witnesses. To be able to be considered as evidence in a legal case they must be covered by one of the hearingsay exceptions under law.
A typical police report contains information about the driver's identity, the vehicles and the victims involved in the accident along with a description of what happened and any evidence discovered on the scene. Many police reports include an officer's view on the reason for the accident, and who is responsible for the incident.
Even if you don't feel injured, it is still beneficial to submit a police accident report even if the incident appears to be minor. It is crucial to document the incident because there aren't all injuries evident immediately.