Why Nobody Cares About Auto Accident Attorney
Auto Accident Legal Matters
If you've suffered injuries in an automobile accident, consult an experienced attorney as quickly as possible. Your lawyer can help you to understand your rights and receive the compensation that you are entitled to.
Every driver is responsible for adhering to traffic rules. When they breach that duty and cause harm, they are accountable.
Damages
In general there are two distinct kinds of damages that could result from an accident. The first, referred to as special damages, have a clear dollar value that is easy to calculate. Items like medical bills or lost wages as well as vehicle repair are examples of special damages. The second type of damage which is referred to as non-economic damage, is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses you must show that your injuries were severe enough to warrant such an award. This is a challenging task, and the injured should be represented by an attorney.
Loss of enjoyment is among the most commonly reported non-economic losses. It is usually a monetary sum that reflects the diminished quality of life experienced as a result of the injuries caused by accidents. This also can result in the inability of participating in certain activities, such as driving, that used to be enjoyable.
In a few cases victims can sue for punitive damages. This kind of damages are intended to punish the defendant for a particular sloppy act and also to discourage others from similar acts in the future. Punitive damages may not be available in all instances. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for the safety of others.
Liability
If you're injured in an auto accident the person responsible for your injuries is responsible to pay you. This includes compensation for medical expenses and property damage, as well as loss of income, as well as other injuries like pain and suffering. In most cases, the driver who caused a accident will be responsible. However, it is not uncommon for the two drivers to share some responsibility. Certain states have what are called comparative negligence laws where the jury will decide the proportion of fault for each driver and adjust the amount of damage accordingly.
It is vital that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The plaintiff is responsible for the burden of proof. You must present evidence to prove that the incident occurred.
A government institution can be liable for an accident. This could happen when a roadway is poorly constructed or maintained, and this can cause an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these claims too. They could be held responsible for defects, such as brakes, tires, and mechanical failures.
At-fault driver citations
In most cases, an officer is able to determine who caused an accident by studying the scene of the crash and questioning witnesses. If they suspect that a driver has broken traffic laws, they might issue a ticket. Insurance companies may also look at police reports to help them identify the source of the fault.
Following an accident, it's normal for drivers to point fingers at each one another. However, this can be detrimental. This could not only give the other driver a negative impression and could cause you to admit guilt in court.
In most car accidents there are two or more parties who share some level of blame. auto accident attorney costa mesa is the reason that most states have modified comparative fault rules that allow the claimant to recover damages that are less than their share of blame. A traffic citation may be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that a person is mentioned in a vehicle crash can be strong evidence that they caused the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to show that the negligence of another driver caused harm to you. Witness testimony, evidence at the scene of an accident and medical records to show your injuries.
Police reports
When law enforcement officers attend a car accident scene they will complete an official police report. The reports contain both the facts and opinions that were recorded by the officers at the scene at the time the incident occurred. This is an important document to be included in any auto accident claim. Insurance companies also will review the report for fault and compensation.
Based on the jurisdiction of the police, reports may or may not be considered admissible in court. The police report may contain statements from individuals who haven't been certified as witnesses. To be able to be used in a legal context they must fall under one of the exceptions to hearsay law.
A typical police report will include details regarding the driver, the vehicles, and victims involved in the crash, as well as a description of the incident and any evidence found at the scene. A majority of police reports also include the officer's views on what caused the crash and who is to blame.
Even if there is no indication that you are injured, it is still in your best interests to make a police report, even if the accident appears to be minor. Not all injuries show up right away and having evidence can make a big difference in helping you claim the compensation you deserve for medical expenses.