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What Is Auto Accident Law If you are injured in the course of an automobile accident you could be entitled to compensation Damages could include medical expenses or lost wages among other expenses that are calculable Damages can also include noneconomic damages such as discomfort and pain Some states have nofault insurance laws Other states use the concept of comparative negligence to determine responsibility and awarding damages A knowledgeable attorney can guide you through the process Liability A lawyer for car accidents is required when a victim suffers injury or property damage from a crash caused by another party This kind of law that falls under personal injury law aims to determine who is accountable for the losses incurred such as medical bills repair costs along with pain and suffering lost wages and other financial damages The general rule is that any driver who breaks the laws of driving which are different for each jurisdiction and can result in an accident that harms other motorists could be accountable for financial compensation This is particularly true if the other driver was injured or killed In general the plaintiff must show that the defendant had an obligation of care to the victim and did not fulfill it This breach of duty resulted in the victim suffering losses In certain states such as New York the theory of comparative fault is utilized to determine the fault in an accident In addition to proving that a drivers negligence was a breach of duty it is also crucial to establish the circumstances that caused the accident auto accident attorneys arlington heights detailed description of the scene of the accident including a map photos and contact details for witnesses can assist an attorney build a strong case for liability It is essential to not admit fault to either the other driver or their insurance company You should also never sign anything from an insurer or a third party unless youve been reviewed by an attorney Damages A car accident lawsuit is all about securing financial compensation for your injuries and losses This compensation is sometimes referred to by the term damages Damages can be divided into two types economic damages and noneconomic damages Economic damages are those that can be accounted for such as medical bills loss of wages repairs to cars Noneconomic damages are more difficult to quantify Noneconomic damages may include discomfort and pain and loss of enjoyment of living and loss in the consortium A serious accident may cause a persons fear of driving to be so severe that they are unable to participate in many of the activities they enjoy This can lead to a loss of income and enjoyment of life Therefore 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 one drivers negligence was a factor in the accident and the extent to which the victims negligence contributed to the losses A judge will also consider the impact of other factors such as the weather conditions For instance bad weather conditions can result in unsafe road conditions that increase the risk of accidents Drivers who violate traffic laws because of conditions that arent ideal could be held accountable for any injuries or property damage that result Another factor is vicarious liability a legal theory that apportions blame for an accident on someone who was not directly involved in the accident but was obligated to behave with care towards others Statute of Limitations In the majority of instances there is a finite period of time following an accident to make a claim This time limit is called the statute of limitation If you fail to adhere to this deadline you are deprived of the right to claim compensation from the negligent driver for your injuries and losses The purpose of the statute of limitations is to make sure that legal cases are investigated in a reasonable time The longer a situation continues in the event the more difficult it is to pinpoint what occurred and who was responsible for the damage In addition witnesses might forget about the event and evidence that is physical may disappear or be damaged It is therefore a good public policy that lawsuits be filed within a reasonable amount of time following an incident There are exceptions to the Statute of Limitations For example the statute of limitations is usually suspended or suspended in the event that the plaintiff was a minor at the incident The time limit will start to run again after the victim turns 18 or marries The statute of limitation may also be reduced under certain circumstances for instance when an accident involves municipal employees or other public officials An experienced car accident attorney can advise whether any of these exceptions applies to your particular case Filing a Lawsuit The formal procedure of a lawsuit in the field of car accident law begins when a plaintiff files a civil complaint against another person entity or government agency the defendant accusing them of acting carelessly or irresponsibly in connection with an accident that caused injuries or damage to others Each party has the right to a fair and impartial trial including the chance to present all evidence to prove their case After the discovery period is over the defendant has to file a document called an answer where they acknowledge or deny every claim made in the complaint of the plaintiff They also list any legal defenses to the claim The plaintiff will present their case in court through oral testimony exhibits and documents They are entitled to crossexamine witnesses for the defendant During the course of a trial juror or judge will hear all evidence before making a decision Car accident settlements often comprise economic damages such as medical expenses or lost wages property damage and pain and suffering If the amount of these expenses is greater than the nofault coverage of insurance or the loved ones of the victim have lost their life in a crash victims may be entitled additional compensation by filing a lawsuit against those who were at fault An experienced car accident attorney can help you negotiate an acceptable settlement or bring the defendant to court Most lawyers for car accidents work on a contingent fee basis This means that they dont charge an hourly rate but rather take an amount of the settlement or verdict awarded their client
