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What Is Auto Accident Law If youre injured due to a car accident you may be entitled to compensation Medical expenses lost wages and other foreseeable costs could be included in damages They may also include noneconomic damages such as pain and suffering Some states adhere to no fault insurance laws and others employ a system of comparative negligence to determine liability and award damages An experienced lawyer can help you navigate the legal process Liability If someone suffers injuries or property damage in the aftermath of a crash caused by another driver a car crash lawyer will be required This type of law falls under personal injury laws It seeks to determine the party responsible for the losses which includes repair and medical expenses as well as pain and suffering loss wages and other financial damages General rule any driver who violates driving rules that vary from jurisdiction to jurisdiction and causing a crash that inflicts harm on others could be held accountable for monetary compensation This is particularly true if the other driver was injured or killed In general the plaintiff must establish that the defendant was under a duty of care to the victim but did not fulfill it This breach of duty resulted in the victim suffering losses In certain states like New York the legal theory of comparative negligence is employed to assign blame in an accident It is vital to prove all the facts that led to the accident in addition to evidence of the drivers failure The possession of detailed information regarding the accident scene such as a sketch or photos as well as the contact information of witnesses can help an attorney to make a convincing case of liability It is vital that you dont admit responsibility to the other driver or to their insurance company You should also never accept any information provided by an insurance company or a third party unless youve been vetted by an attorney Damages In a car accident lawsuit the goal is to seek financial compensation for your injuries or losses The compensation is often referred to by the term damages Damages can be divided into two types economic damages and noneconomic damages Economic damages encompass measurable costs like medical bills lost wages and car repair costs Noneconomic damages are more difficult to quantify Noneconomic damages may include discomfort and pain loss of enjoyment of living and loss in consortium A serious crash can cause a victims driving phobia to become so extreme that it hinders them from participating in the activities they love This could result in a loss of income and enjoyment of life and the victim may be entitled to compensation for the harm caused When calculating damages a judge will take into account various elements These include the extent to which negligent conduct of one driver contributed to the accident as well as the extent to which the victims negligence contributed towards their loss A judge will also consider the impact of other factors like the weather conditions For instance weather conditions can lead to dangerous road conditions that increase the chance of accidents Unforseen weather can make the driver accountable for injuries or property damage if they do not follow traffic laws Another factor is vicarious responsibility a legal theory which assigns the blame for an accident on someone who was not directly involved in the incident but who had a responsibility to behave with care towards other people Statute of Limitations In most instances there is a limited period of time following an accident to start a lawsuit auto accident attorneys iowa is known as the statute of limitation If you fail to meet this deadline your right to claim a negligent driver for your losses and injuries will be lost The goal of the statute of limitations is to ensure that legal cases are handled in a reasonable amount of time The longer a situation continues in the event the more difficult it is to pinpoint what occurred and who was responsible for the harm Witnesses could forget about the incident and evidence of the event could vanish or be damaged It is therefore good public policy to insist that lawsuits are filed within a reasonable period after an incident There are some exceptions to the Statute of Limitations For example the statute of limitations is typically tolled or suspended in the event that the plaintiff was minor at the time of the accident The statute of limitations begins to run again when the victim turns an adult either by getting married or reaching their 18th birthday The statute of limitations may also be shortened under certain circumstances for example when an accident involves municipal employees or other public officials An experienced lawyer for car accidents can advise whether any of these exceptions are applicable to your particular case Filing an action The formal process for car accident law begins when a plaintiff files a civil complaint against a person entity or government agency the defendant alleging that the defendant acted negligently or recklessly in connection with an accident which resulted in injuries or damages for others Every party has the right to an impartial trial and a fair procedure including a full and complete opportunity to submit evidence to support their claims After the discovery period has ended the defendant must prepare an answer in which they acknowledge or deny every claim made in the complaint of the plaintiff They also identify any legal defenses to the claim The plaintiff will present their case during trial using oral testimony evidence and documents They can crossexamine witnesses for the defendant During the trial the judge or jury takes in all the evidence and then makes the decision Settlements for car accidents typically comprise economic damages such as medical expenses and lost wages as well as property damage and pain and suffering If the amount of these expenses is greater than the insurances nofault protection or the loved ones of the victim have passed away in a crash the victims could be entitled to additional compensation by filing a lawsuit against the parties who were at fault An experienced lawyer for car accidents can assist with reaching a fair settlement or taking the defendant to trial Most lawyers for car accidents are paid on a contingency fee basis This means that they dont charge an hourly rate but instead take an amount of the settlement or verdict awarded to their client
