Do Not Make This Blunder With Your Auto Accident Attorney

auto accident claim Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car accident. An attorney can explain your rights and help you receive the compensation you need.

Every driver is responsible for adhering to traffic laws. If they violate that duty and cause harm, they are accountable.

Damages

In general there are two types of damage that can result from a car accident. The first, referred to as special damages, have a clear dollar amount that is easy to determine. Special damages are medical bills, lost wages and repairs to vehicles. The second kind of damages, also known as non-economic damages, is more difficult to quantify. They include things like suffering and pain.

To be able to claim compensation for auto accident claim losses that are not economic, it is necessary to to show that the injuries suffered were serious enough to warrant the award. This is a daunting task and the victim must be represented by a lawyer.

Loss of enjoyment is one of the most frequently reported non-economic damages. It is typically a financial amount that is a reflection of a diminished quality of living due to injuries sustained in accidents. This also is the inability to participate in certain activities, such as driving, which were once enjoyable.

In a few cases victims may be capable of suing for punitive damage. The purpose of this type of damage is intended to punish the perpetrator and deter future acts that are equally egregious. Punitive damages are not offered in all cases. A successful claim requires evidence that the defendant acted with a conscious disregard for others' safety.

Liability

If you are injured in a car accident the person responsible for your injuries is responsible to compensate you. This will include money for medical expenses or property damage, as well as loss of income, as well as other damages such as suffering and auto accident claim pain. In most cases, this will be the driver who was responsible for the crash. It is not uncommon for two drivers to share blame. Certain states have what are called comparative negligence laws where jurors determine each driver's percentage of fault and adjust the damage amount according to that.

It is vital that you can demonstrate what transpired to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The burden is shifted to the person who is making the claim - the plaintiff - and demands that you provide proof of how the crash occurred.

A government entity could also be held responsible for an accident. It can happen when a roadway isn't properly designed or maintained and this causes an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are responsible in these kinds of claims as well. They may be liable for the defects in cars, like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused the accident by analyzing the scene of the crash and questioning witnesses. If they suspect that a driver has violated traffic laws they could issue a ticket. Insurance companies could also use police reports to determine the fault.

It is common for drivers to blame one another following an accident. However, this can be detrimental. In addition to giving the driver a negative impression it could result in an admission of guilt that can be used against you in court.

The majority of car accidents involve two or more people with varying degrees of fault. This is the reason that most states use modified comparative blame rules that allow the person who is claiming to recover damages minus their share of blame. Insurance adjusters can make use of a traffic citation in order to increase a claimant's percentage of fault in the auto accident law, which could limit their payment for injuries.

The fact that a person is mentioned in a car crash can be strong evidence that they are responsible for the auto accident lawsuit. However, it's not an assurance of the outcome of an injury lawsuit. Depending on the situation other evidence may be needed to show that the other driver was negligent and injured you. This includes witness testimony, evidence from the scene of the accident, and medical records of your injuries.

Police reports

When law enforcement officers attend the scene of a car accident, they will fill out an official police report. The reports will contain both details and opinions noted by the officers on the scene when the incident occurred. This report is essential to be used in any auto accident claim. Insurance companies will review the report in order to help determine fault and compensation for the victims.

Based on the jurisdiction, police reports may or may not be admissible in court. The police report includes statements from people who aren't sworn in as witnesses. In order for these statements to be used in a legal proceeding they must fall within one of the hearingsay exceptions under law.

A typical report from a police officer contains details about the driver, vehicles and the people involved in the crash as well as an account of the incident and any evidence that was found on the scene. Many police reports include the officer's opinion about the cause of the auto accident litigation and who's responsible for the incident.

If you are not hurt however, it is the best option to always submit a police report after any accident that you are involved in even if the incident appears to be minor. Not all injuries are apparent in a hurry and having a solid record can be a huge help in helping you win the compensation you're entitled to for your medical expenses.