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What Is Auto Accident Law If you are injured in an accident in a car you could be entitled to claim damages for your injuries Medical bills lost wages and other foreseeable costs could be included in damages They may also cover noneconomic damages such as pain and suffering Some states have nofault insurance laws Other states use comparative negligence in determining responsibility and awarding damages An experienced attorney can assist you with the process Liability A car accident lawyer is required when a victim suffers injury or property damage resulting from a collision caused by a third party This kind of law falls under personal injury laws They seek to determine the party responsible for the loss including repair and medical expenses in addition to the cost of suffering and pain loss of wages and other financial damages General rule any driver who violates driving laws that vary by jurisdiction and causing a crash that causes harm to others can be held accountable for financial compensation This is especially true when the other driver was injured or killed Generally the plaintiff in a car accident case will need to demonstrate that the defendant owed him or the victim a duty of reasonable care but did not and that this breach of duty directly caused the victims losses In certain states like New York the legal theory of comparative negligence can be used to determine the fault of an accident In addition to the proof of a drivers lapse in obligation its important to determine the facts that caused the crash The possession of detailed information regarding the scene of the accident like a diagram photos and the contact information of witnesses can help an attorney to create a convincing case for liability auto accident lawsuit santa clarita is crucial to remember that a person shouldnt admit fault to the other driver or their insurance company and they should not accept anything that an insurance company or a thirdparty provides unless it is scrutinized by an attorney Damages A car accident lawsuit is about getting financial compensation for your injuries and losses This type of compensation is often called damages Damages can be classified into two categories economic damages and noneconomic damages Economic damages refer to expenses that can be quantified such as medical expenses lost wages and car repair expenses Noneconomic damages can be more difficult to quantify Noneconomic damages can include discomfort and pain loss of enjoyment of living and loss of the consortium A serious crash can result in a victims fear of driving to be so severe that it prevents them from engaging in many of the activities they love This can lead to an income loss and enjoyment of life and the victim may be entitled to compensation for the damage caused A judge will take into consideration a variety of factors when calculating damages including the extent to which a drivers negligence caused the accident as well as the extent to which the victims own negligence caused the losses A judge will also take into account the role of other factors such as weather conditions Poor weather conditions like this one can lead to dangerous road conditions that increase the risk of an accident Unforseen weather can make the driver liable for injuries or property damage if they do not follow traffic laws Vicarious liability is another aspect This legal concept places the responsibility for an accident to someone who wasnt directly involved but was the duty of diligence towards others Statute of Limitations In most cases you will only have a certain amount of time to file a lawsuit after the accident This is referred to as the statute of limitation If you fail to meet this deadline then you are deprived of the right to sue the negligent driver for your losses and injuries The statute of limitations exists to ensure that legal cases are investigated within a reasonable amount of time The longer an incident drags on the more difficult it is to pinpoint what happened and who was responsible for the damage Witnesses could forget about the incident and evidence from the scene could disappear or be damaged So its a the best public policy to insist that lawsuits be filed within a reasonable period of time after an incident There are some exceptions to the statute of limitations For example the statute of limitations is generally tolled or suspended when the plaintiff was minor at the time of the accident The statute of limitations will start running again once the victim turns 18 or gets married The statute of limitations may also be reduced in certain circumstances for instance when an incident involves municipal employees or other public officials An attorney for car accidents can tell you if any of these exceptions apply to your case Filing a Lawsuit The formal process of a lawsuit involving car accident law starts when the plaintiff files a civil complaint against an individual company or government agency the defendant accusing them of acting irresponsibly or recklessly in connection with an accident which caused injuries or injuries to others Every party has the right to a fair trial and a due procedure including a fair and full opportunity to provide evidence in support of their assertions After the discovery period the defendant has to file a document called an answer in which they deny or admit each claim made in the complaint of the plaintiff They must also state any legal defences to the claim In the trial the plaintiff argues their case by way of oral testimony and documents and exhibits They have a right to crossexamine witnesses from the defendant During a trial the judge or jury will listen to all the evidence before making a decision Settlements for car accidents typically include financial damages such as medical expenses lost wages property damage and pain and suffering If the amount of these expenses exceeds nofault insurance coverage or if someone close to you has was killed in a collision victims could be entitled to additional compensation by filing a lawsuit against the responsible party An experienced car accident attorney can help you negotiate an acceptable settlement or bring the defendant to the court Most car accident lawyers work on a contingent fee basis This means that they do not charge an hourly rate but instead take a percentage from any settlement or verdict awarded to their client
