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What Is Auto Accident Law If you are injured in an accident in a car you may be able to claim damages for your injuries Medical bills lost wages and other calculable costs can be included in damages They may also cover noneconomic damages like pain and suffering Certain states have no fault insurance laws whereas others use the concept of comparative negligence to determine the responsibility and award damages A knowledgeable attorney can guide you through the procedure Liability A car accident lawyer is needed if a person suffers injuries or property damage from a crash caused by another party This kind of law is a part of personal injury laws It aims to determine the party responsible for the loss including repair and medical expenses as well as the cost of suffering and pain loss of wages and other financial damages The general rule is that any driver who breaks the laws of driving that vary according to the jurisdiction and can result in an accident that harms others could be held to be liable for financial compensation This is particularly true when the other driver has been injured or killed In general the plaintiff must show that the defendant had an obligation of care to the victim but failed to 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 used to assign blame in an accident It is important to establish all the details that led to the accident and also evidence of the drivers failure A detailed description of the accident scene such as a sketch as well as photos and contact information for witnesses can help an attorney to create a convincing case of the liability It is crucial to remember that one should not admit guilt to the other driver or their insurance company and they should never sign anything that an insurer or a thirdparty provides without having it examined by an attorney Damages In a car accident lawsuit the goal is to obtain financial compensation for the losses or injuries you suffered This type of compensation is often called damages Damages are usually classified into two categories including economic damages and noneconomic damages Economic damages are those that can be accounted for like medical bills as well as lost wages and repair costs for cars Noneconomic damages can be more difficult to quantify They can include pain and suffering as well as loss of enjoyment of life and loss of consortium A serious accident could cause a victims driving phobia to become so severe that it hinders them from participating in the activities they enjoy auto accident attorneys meridian could lead to the loss of income or enjoyment of life A victim may be entitled to compensation A judge will consider various factors when calculating damages including the extent to which a drivers negligence caused the accident as well as the extent to which the victims own negligence contributed to his or her losses The judge will also look at other factors such as the weather conditions For instance weather conditions can lead to dangerous road conditions which increase the chance of accidents Drivers who violate traffic laws because of the weather can be held responsible for any injuries or property damage resulting from Another reason to consider vicarious liability which is a legal concept that apportion blame for an accident to someone who was not directly involved in the incident but who had a responsibility to be responsible towards other people Statute of Limitations In the majority of cases there is a certain amount of time after an accident to make a claim This time frame is referred to as the statute of limitations If you do not meet the deadline you will lose the right to pursue the negligent driver for your injuries and losses The purpose of the statute of limitations is to make sure that legal proceedings can be investigated within a reasonable period of time The longer an incident drags 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 evidence that is physical may disappear or be damaged It is therefore good public policy to insist that lawsuits are filed within a reasonable time period after an incident There are some exceptions to the statute of limitations For example the statute of limitations is usually extended or suspended in the event that the plaintiff was a minor at the incident Then the statute of limitations begins to run over again after the victim becomes an adult either through getting married or achieving the age of 18 The statute of limitations may be extended in certain circumstances for instance if an accident involves municipal employees or other public officials An experienced attorney for car accidents can help you determine if any of the above exceptions apply to your particular case Filing an action The formal process in car accident law begins when a plaintiff files civil complaints against another person entity or government agency the defendant alleging that the defendant acted negligently or irresponsibly when it comes to an incident that resulted in injuries or damages to others Every party has the right to an impartial trial and a proper procedure which includes a full and complete opportunity to submit evidence to support their claims After the discovery period is over the defendant has to make an answer where they deny or admit each claim in the plaintiffs lawsuit They also list any legal defenses to the claim At trial the plaintiff is required to present their case in the form of oral testimony and documents and exhibits They may crossexamine witnesses on behalf of the defendant During the course of a trial a jury or judge will hear all evidence before deciding Settlements for car accidents usually comprise economic damages such as medical expenses loss of income property damage and pain and suffering If the amount of these expenses exceeds nofault insurance coverage or when someone you love has died in a crash victims may be entitled to additional compensation by filing a lawsuit against the atfault party An experienced lawyer for car accidents can assist in negotiating a fair settlement or taking the defendant to trial Most car accident attorneys operate on a contingency basis meaning that they dont charge per hour but rather take a portion of any settlement or verdict that is awarded to their client