mooncarol55
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What Is Auto Accident Law If youre injured in a car accident you may be entitled for compensation Damages can include medical bills loss of wages as well as other expenses that are measurable Damages can also include noneconomic damages such as pain and discomfort Some states have nofault insurance laws Others rely on the concept of comparative negligence to determine responsibility and awarding damages A knowledgeable attorney can guide you through the process Liability If a person is injured or property damage due to an accident caused by another party a car accident lawyer will be needed This type of law falls under personal injury laws It aims to determine the party responsible for the loss including repair and medical expenses in addition to injuries and suffering loss of wages and other financial losses The general rule is that any driver who is in violation of the rules of driving which are different for each jurisdiction and causes an accident that damages others may be accountable for financial compensation This is especially true when the other driver was injured or killed In general the plaintiff in a car crash case must establish that the defendant was owed by him or the plaintiff a duty to exercise reasonable care and did not and that the breach of duty directly contributed to the victims losses In certain states such as New York the theory of comparative fault is used to determine the cause of an accident In addition to the proof of a drivers lapse in obligation its important to determine the facts that caused the crash A lawyer can construct an effective liability case by having detailed information about the accident site which includes photographs a diagram and the contact information of witnesses auto accident law firm south dakota is essential that you dont admit blame to the other driver or their insurance company Dont accept any information provided by an insurance company or any other third party unless youve been vetted by an attorney Damages In a car crash lawsuit the aim is to seek financial compensation for your losses or injuries This type of compensation is often referred to by the term damages Damages can be classified into two categories economic damages and noneconomic damages Economic damages can include measurable expenses such as medical bills loss of wages car repair costs Noneconomic damages are more difficult to quantify Noneconomic damages could include discomfort and pain or discomfort loss of enjoyment living as well as loss of the consortium For example a serious accident can cause a driver to develop a fear of driving which can prevent them from participating in the activities is interested in This can lead to an income loss or enjoyment of life A victim may be entitled to compensation A judge will consider a variety of aspects when calculating damages including the extent to which a drivers negligence contributed to the accident as well as the extent to which the victims own negligence contributed to their losses A judge will also take into account the role of other factors including weather conditions Weather conditions that are not ideal for example can create dangerous road conditions which increase the likelihood of an accident Drivers who violate traffic laws due to conditions that arent ideal could be held accountable for any injuries or property damage that may result Vicarious liability is a further factor This legal theory assigns the blame for an accident to an individual who was not directly involved but was the duty of care towards other people Statute of Limitations In the majority of cases you only have an incredibly short time to file a lawsuit following the accident This is referred to as the statute of limitation If you do not meet this deadline your legal right to sue a negligent driver for your injuries and losses will be lost The statute of limitations is in place to ensure that legal matters are completed within a reasonable amount of time The longer an incident goes on the harder it becomes to identify what transpired and who was accountable for the damages In addition witnesses might forget about the incident and physical evidence can disappear or get damaged It is therefore good public policy to ensure that lawsuits are filed within a reasonable time period after an incident There are some exceptions to the statute of limitations The statute of limitations can be suspended or tolled when the plaintiff was minor at the time that the accident occurred Then the statute of limitations is set to start over again after the victim becomes an adult either by getting married or reaching the age of 18 The statute of limitations 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 apply to your situation Filing an action The formal procedure in car accident law begins when a plaintiff files a civil complaint against a person entity or government agency the defendant in which they claim that the defendant acted negligently or recklessly when it comes to an incident which resulted in injuries or damages to others Each party is entitled to a fair and just trial including the opportunity to present all evidence needed to support their claims After the discovery period has passed the defendant is required to file a document referred to as an answer In the document they have to acknowledge or deny all allegations made in the complaint of the plaintiff They must also state any legal defenses to the claim In court the plaintiff presents their case by way of oral testimony documents and exhibits They may crossexamine witnesses for the defendant During the course of a trial a judge or jury will hear all evidence before making a decision Settlements for car accidents usually include economic damages such as medical expenses as well as lost income property damage and pain and suffering If these costs exceed nofault insurance coverage or when someone you love has was killed in a crash victims could be eligible for additional compensation through a lawsuit against the atfault party An experienced lawyer in car accidents can assist with the negotiation of a fair settlement or bringing the defendant to trial Most car accident attorneys work on a contingency fee basis meaning that they do not charge hourly but rather a percentage of any settlement or verdict given to their client
