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What Is Auto Accident Law If you are injured in the course of an accident in the car you could be entitled to compensation Medical expenses lost wages and other calculable costs can be included in damages They may also include noneconomic damages such as pain and suffering Certain states have no fault insurance laws Others rely on the concept of comparative negligence to determine responsibility and awarding damages An experienced attorney can assist you with the legal process Liability If someone is injured or property damage in the aftermath of an accident caused by another driver a car crash lawyer will be required This kind of law which is a part of personal injury law seeks determine who is responsible for the losses incurred such as medical bills repair costs in addition to pain and suffering lost wages and other financial damages The general rule is that any driver who breaks the rules of driving which are different for each jurisdiction and leads to an accident that damages others may be liable for monetary compensation This is especially true if the other driver was injured or killed In general the plaintiff has to show that the defendant had an obligation of care to the victim and did not fulfill it This breach of duty resulted in the victim suffering losses In some states such as New York the legal theory of comparative negligence is used to assign blame in an accident It is essential to establish all the details that led up to the accident and also evidence of the drivers failure A lawyer can construct a solid case for liability by providing specific information about the site of the accident such as pictures diagrams and contact information of witnesses It is vital to not admit any fault to the other driver or their insurance company Also you should never sign anything from an insurer or a third party until you have had it reviewed by an attorney Damages A car accident lawsuit is about securing financial compensation for your losses and injuries This type of compensation is often referred to by the term damages Damages can be divided into two categories economic damages and noneconomic damages Economic damages include calculable expenses like medical bills as well as lost wages and car repair costs Noneconomic damages are more difficult to quantify auto accident attorneys rochester hills economic damages could include pain and discomfort or discomfort loss of enjoyment living as well as loss of the consortium A serious crash can result in a victims fear of driving to be so severe that it makes them unable to participate in the various activities they love This could result in losing income or enjoyment of life A victim could be entitled to compensation A judge will look at a variety aspects when calculating damages including the extent to which one drivers negligence led to the accident as well as the extent to which the victims own negligence caused the losses A judge will also consider other factors such as weather conditions For instance weather conditions can create unsafe road conditions that increase the likelihood of accidents Weather conditions that are unseasonably bad can render drivers liable for injuries or damage if they break traffic laws Vicarious liability is a further factor This legal doctrine places the blame for an accident to the person who wasnt directly involved but was the obligation to act with diligence towards other people Statute of limitations In the majority of cases you will only have a certain amount of time to file a lawsuit after the incident This time period is referred to as the statute of limitations If you fail to meet this deadline your right to bring a lawsuit against a negligent driver for your losses and injuries will be lost The goal of the statute of limitations is to make sure that legal matters can be examined within a reasonable amount of time The longer an incident lasts the more difficult it is to pinpoint what occurred and who caused the damage Witnesses may also forget about the incident and physical evidence can disappear or be damaged It is therefore a good public policy to ensure that lawsuits are filed within a reasonable time period following an incident There are a few exceptions to the statute of limitations The statute of limitations can be suspended or tolled if the plaintiff is a minor when the accident occurred The statute of limitations will begin to run again when the victim reaches 18 or gets married However the statute of limitations may also be shortened in some circumstances such as in the event of an accident that involves an employee of a municipality or a public official An experienced car accident attorney will advise you on whether any of these exceptions apply to your situation Filing a Lawsuit The formal process of a lawsuit in car accident law begins when a plaintiff files a civil complaint against a person organization or government agency the defendant alleging that they acted recklessly or negligently in connection with an accident which caused injuries or damage to others Each party has the right to a fair trial and a due process including a full and complete opportunity to present evidence to support their claims After the time for discovery has expired the defendant is required to file a document referred to as an answer In the document they have to admit or deny every allegation made in the complaint of the plaintiff They also list any legal defenses to the claim The plaintiff will present their case at trial via oral testimony exhibits and documents They may crossexamine witnesses on behalf of the defendant During the trial the judge or jury listens to all of the evidence and then makes a decision Settlements for car accidents typically include economic damages like medical expenses and lost wages as well as property damage and pain and suffering If the amount of these expenses is greater than the insurances no fault coverage or in the event that a loved one has passed away in a crash victims could be entitled to additional compensation by filing a lawsuit against the party responsible A seasoned attorney for car accidents can assist you in negotiating an appropriate settlement or even take the defendant to the court The majority of car accident lawyers operate on a contingentfee basis This means that they dont charge an hourly fee but rather take a percentage from any settlement or verdict that they award their client
