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What You Need to Know About Car Accident Legal It is important to know your rights when you are involved in a car collision These rights could include the right to recover damages for your injuries or the losses These losses include property damage and medical expenses along with lost income and pain and suffering An experienced lawyer can help find and collect all your losses Negligence Negligence is an important part of legal proceedings involving car accidents If the other driver was negligent it could help you receive compensation for your injuries or property damage To prove negligence to prove negligence you must first establish that the defendant had the duty of care This means that the driver owed you an obligation to operate their vehicle in a safe way and not cause harm A basic duty of care is a legal obligation that all drivers have to other motorists A driver who speeds follows too closely or makes a text message while driving is a breach of their basic duty of care This type of violation can be used as evidence in your case In certain cases a court could apply what is called comparative negligence which allows the injured parties to seek compensation from one the other in a proportional fashion This is a complex area of law and should be discussed only with an experienced attorney Another method to determine the negligence involved in an accident is to look at what an average person would do in similar circumstances For instance if someone fails to signal when changing lanes it could result in a car crash In general negligence is the act of causing harm by not taking reasonable measures to stop it from happening It can occur in a variety cases such as driving under the influence negligent hiring employment practices elder negligence and medical malpractice slips falls product liability and workplace accidents among others Liability The most difficult part of car accident legal is determining who is responsible This is the process of identifying the person who violated their duty of care and proving that negligence caused your injuries In some states where a percentage of blame is given to each person involved in a collision For example If two cars are stopped at a red light and collide The driver of Car A will be considered to be 70 percent negligent while Car B will be deemed 30 percent negligent However this is only an approximate guideline and could be different depending on the facts of the situation and your states laws Therefore it is important to consult an attorney who can help you determine if your car accident was caused by the negligence of another driver and if it was how much your damages might be worth Damages are the financial loss that you have suffered due to your injuries They could include lost earnings and medical bills You may also claim compensation for damages that are not economic like emotional trauma suffering and pain You could be facing significant medical costs and lost wages if youre involved in an auto crash It is essential to speak with an experienced attorney who will fight for your rights and help you get the most compensation An attorney can assist you to obtain compensation for any future losses or harm For instance if suffer from a brain injury that blocks you from working in your desired profession an attorney can assist you in pursuing compensation for the loss of income too Damages If you have been involved in a car accident and the other driver is to blame there is a good chance that youll have to seek financial compensation for your losses This can include medical bills or lost wages property damage and more These arent the only expenses you can claim These include injuries and pain disfigurement emotional anxiety lost opportunities and more These types of damages can be more difficult to quantify and require skilled legal advice Noneconomic damages for instance pain and suffering might not be quantifiable in dollars but can be measured by the impact they have on your life car accident settlement bend of consortium is another frequent type of economic accident damage This is a form of damages that pays you for the loss youve suffered because of your injury like being unable enjoy regular affection with your spouse Despite the fact that these damages are more difficult to calculate but they are awarded in many instances The jury has to determine the total amount of the damages and also the percentage of fault which belongs to each of the parties New York also follows the principle of comparative negligence in its laws which means that you are able to collect more money than the other party if you are less at fault for the accident However if youre found to be more at fault than the other party the award will be reduced by the proportion of fault you share A skilled legal professional can assist you solve these issues and ensure that you get an appropriate settlement in your case Contact an attorney today about your rights and options for compensation after a car accident Time Limits In car accident legal proceedings time limits also referred to as statutes of limitations are important They provide everyone involved with a clear timeline of what to expect and can reduce unnecessary or excessive legal action The statute of limitations for a car accident claim varies between states but typically its two or three years The exact length of time depends on many factors including the nature and location of your claim If you file your lawsuit under New York Civil Practice Laws and Rules section 214 you are allowed three years to file suit for injuries or property damage caused by a car accident There are however a few exceptions to this rule First If the plaintiff was suffering from a mental impairment at the time of the incident they have a longer window to sue This is called the statute of limitations being tolled Second minors who have been the victims of an accident must wait until they reach the age of 18 before they can file a claim for damages This is also called the minors statute of limitations Third special rules could apply if a government agency is involved in an accident These rules could include short statutes a dram shop or other rules that are unique The statute of limitations is a key aspect of a car accident It determines whether you have a valid claim for compensation When you have less than a month to file a claim its important to act fast and speak with a lawyer right away Pain and Suffering An accident can be devastating to your quality of life You may be unable to do the things you used to be able to enjoy This could include a loss in happiness as well as anxiety and PTSD as well as depression You could be eligible for compensation for suffering and pain if you were involved in an accident that leaves you injured This is usually the largest category of damages an individual victim of a car wreck can receive There may be a lot of evidence that can support your claim of suffering and pain This could include prescription information as well as notes from a doctor There may also be medical records that detail how long youve endured pain since the accident Witness statements from family members and friends could also be used to prove how the crash impacted your daily routine Most likely your injuries have impacted how you manage household chores work or socialize with others It is essential to keep a record of your injuries as well as the impact they have affected your mood and personality Patients suffering from PTSD depression anxiety or PTSD after a crash usually require longterm therapy and medication to treat their conditions They must also deal with the trauma and the memories of the accident Although it can be challenging to estimate pain and damages however it is possible to receive an adequate amount of compensation A lawyer can help determine the amount youll receive for your injuries A lawyer can assist you negotiate settlements and present the most convincing evidence to the insurance company to get fair payments