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What Is Auto Accident Law If youre injured as a result of an automobile accident you could be able to claim damages for your injuries Medical expenses lost wages and other foreseeable costs could be included in damages They could also include noneconomic damages such as pain and suffering Certain states have no fault insurance laws whereas others employ the concept of comparative negligence to determine the responsibility and award damages An experienced attorney can assist you in navigating the process Liability A car accident lawyer is required when a victim is injured or suffers property damage due to a crash caused by a third party This type of law falls under personal injury laws and seeks to determine who is responsible for damages including repair and medical expenses and the cost of suffering and pain loss of wages as well as other financial losses General rule any driver who violates driving rules that differ from jurisdiction to jurisdiction and causes a crash that harms others can be held accountable for financial compensation This is especially the case if the driver who caused the accident was injured or killed Generally the plaintiff in a car crash case must prove that the defendant was owed by him or the plaintiff a duty to exercise reasonable care and did not do so and that this breach of duty directly contributed to the victims losses In some states like New York the theory of comparative fault is used to determine the fault in an accident In addition to the need to prove a drivers breach of duty it is important to determine the facts that led to the crash auto accident attorney vallejo can build an effective liability case by having detailed information about the accident site such as photographs a diagram and the contact information of witnesses It is important to keep in mind that one should not admit guilt to the other driver or their insurance company and they should never sign anything an insurer or a third party gives without having it reviewed by a lawyer Damages In a car accident lawsuit the goal is to seek financial compensation for the losses or injuries you suffered This type of compensation is often 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 quantified such as medical bills lost wages and car repair expenses Noneconomic damages are more difficult to quantify Noneconomic losses can include pain and discomfort or discomfort loss of enjoyment living and loss in the consortium A serious crash can result in a victims fear of driving to become so severe they are unable to participate in many of the activities they enjoy This can lead to the loss of income or enjoyment of life A victim could be entitled to compensation A judge will take into consideration a variety of factors when calculating damages including the extent to which a drivers negligence led to the accident as well as the extent to which the victims own negligence contributed to their losses A judge will also take into consideration the impact of other factors including weather conditions For instance bad weather conditions can lead to unsafe road conditions that increase the likelihood of accidents Unforseen weather can make a driver liable for injuries or property damage if they do not follow traffic laws Vicarious liability is another aspect This legal theory assigns the responsibility for an accident to the person who wasnt directly involved but was the obligation to act with respect for other people Statute of limitations In most instances you have a certain amount of time to file a lawsuit after the incident This time frame is referred to as the statute of limitations If you miss this deadline your legal right to pursue a negligent driver to recover your losses and injuries will be lost The statute of limitations exists to ensure that legal matters are examined within a reasonable amount of time The longer an incident drags on the harder it becomes to determine what happened and who was responsible for the damage Witnesses may forget the event and physical evidence could disappear or be damaged It is therefore good public policy to ensure that lawsuits are filed within a reasonable time period following an incident There are some exceptions to the Statute of Limitations The statute of limitations could be tolled or suspended in the case of minor at the time that the accident occurred The statue of limitations starts running again when the victim turns an adult whether by getting married or reaching their 18th birthday The statute of limitations can also be reduced in certain circumstances for instance when an accident involves municipal employees or other public officials An experienced attorney for car accidents will advise you on whether any of these exceptions applies to your particular case Filing a Lawsuit The formal process of a lawsuit involving car accident law begins when the plaintiff files a civil lawsuit against an individual company or government agency the defendant alleging that they acted recklessly or negligently in connection with an accident that resulted into injuries or damages to others Each party has the right to a fair and due trial and the opportunity to present all evidence needed to prove their case After the time for discovery has ended the defendant has to file a document known as an answer In the document they have to acknowledge or deny all allegations made in the complaint of the plaintiff They must also outline any legal defenses to the claim In the trial the plaintiff is required to present their case in the form of oral testimony and documents and exhibits They can crossexamine witnesses for the defendant During the trial the judge or jury takes in all the evidence before coming to an informed decision Settlements for car accidents typically contain economic damages such as medical expenses loss of income property damage and pain and suffering When these costs exceed no fault insurance coverage or when the loved ones was killed in a crash victims could be eligible for additional compensation through a lawsuit against the at fault party An experienced car accident lawyer can assist with reaching a fair settlement or bringing the defendant to trial Most car accident attorneys are paid on a contingency basis meaning that they dont charge per hour instead they take a percentage of any settlement or verdict awarded to their client
