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What You Need to Know About Car Accident Legal If youre involved an auto accident it is essential to know your rights This includes obtaining damages for your injuries and expenses These losses include damages to property medical expenses loss of income pain and suffering and emotional distress An experienced lawyer can help you determine and recover all of your losses Negligence Negligence is a vital aspect of car accident legal proceedings If the other driver was negligent it can assist you in obtaining compensation for your injuries or property damage The first step in proving negligence is to show that the defendant was obligated to you with a duty of care This means that the driver owed an obligation of care to ensure their vehicle is safe and does not cause injury to anyone else A fundamental duty of care is a legal obligation every driver must meet to other motorists Drivers who speed follows too closely or makes a text message while driving is in violation of their primary duty of care This could be used as evidence in your case In certain circumstances a court could apply what is called comparative negligence which permits the parties who have suffered to seek compensation from one another in a proportional manner This complex area of law is best discussed with an experienced attorney Another way to determine negligence is to examine what reasonable people would have done in similar circumstances For example if someone is not alert when changing lanes could result in a car crash Neglect is the act of inflicting injury on another by failing to take reasonable precautions to prevent it from happening This could be in a variety situations such as driving under the under the influence negligent hiring practices employment practices elderly neglect and medical malpractice slips and falls product liability and workplace accidents and many more Liability One of the most complicated aspects of a car accidents legal is determining liability It involves identifying the party who acted in breach of 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 both go through a red light and collide with each other and the driver of Car A will be found to be negligent at 70 percent while Car B is judged to be negligent at 30 percent But this is only an approximate guideline and could be much higher or lower in accordance with the circumstances of the case and your states laws It is imperative to speak with an attorney to determine if your car crash was caused by negligence on the part of a driver and if so the amount your damages could be worth Damages are the financial burdens that youve suffered as a result of your injuries These may include medical bills and lost wages You may also seek compensation for noneconomic damages which include emotional trauma pain and suffering You could be facing substantial medical costs and lost wages if you are involved in an auto accident It is imperative to consult with an experienced lawyer who will defend your rights and assist you to obtain the maximum amount of compensation possible An attorney can also assist to seek damages in the future for injuries and any other damage you might have to deal with A lawyer can help you obtain compensation for any income loss that is caused by a brain injury Damages You may need financial compensation if involved in a crash with another driver This could include medical expenses and lost wages as well as property damage and much more In addition to these damages there are many other types of expenses that you can claim to recover as well They include pain and suffering emotional distress disfigurement lost opportunities and many other expenses These types of damages may be more difficult to quantify and require expert legal advice Damages that are not economic such as pain and suffering might not be quantifiable but can be assessed by their impact on your life Another common type of economic damages resulting from car accidents is loss of consortium This type of compensation compensates you for the losses resulting from to your accident Despite the fact damages are more difficult to quantify however they are still awarded in many cases The jury has to determine the total amount of the damages and also the percentage of fault that is due to each of the parties New York also follows the principle of comparative negligence in its laws which means that you are able to get more money than other party if you are less responsible for the crash However if you are found to be more responsible than the other party the amount will be reduced by the proportion of your fault A skilled car accident lawyer can help you navigate these complex issues and ensure you get a fair settlement Contact an attorney today about your rights and options in regards to settlement after a car accident Time Limits Time limits also referred to as statutes or limitations are vital in car accident legal processes They provide everyone involved with an accurate timeline of what to expect and help to reduce unnecessary or excessive legal actions While the time limit for claims arising from car accidents differs from one state to another however its usually two to three years The exact length of time is dependent on a variety of factors including the type and location of your claim For instance in New York you have three years to make a claim for injuries or property damage caused by an accident in a car if you are filing it under New York Civil Practice Laws and Rules section 214 However there are some exceptions to this rule First when the plaintiff is suffering from a mental handicap at the time of the accident they will have a longer time for suing This is called the statute of limitations being tolled Second if the victim of the accident is a minor they will have to wait until they turn 18 to file an action for damages This is also known as the minors statute of limitations Third if a government entity is the cause of the accident there are special rules that may apply This could include shorter limitations on time and a dram shop statute or other rules that are unique to The statute of limitations is one of the most important aspects of a case involving a car accident because it determines whether you have a valid claim to compensation car accident lawyer buena park is crucial to act fast and consult with a lawyer about your situation when you are within the time frame for filing a claim Suffering and Pain An accident could cause a major disruption to your quality of life You may be unable to enjoy the activities you used to do This could result in a decline in pleasure such as anxiety PTSD as well as depression If youve been injured in an accident in your car you could be entitled to compensation for your pain and suffering This is typically one of the most significant categories of damages a car accident victim can be awarded There could be plenty of evidence to back your claim to pain and suffering This could include prescription information or doctors notes There may also be medical records which show how long youve been suffering from discomfort since the accident Witness statements from family members and friends can be used to prove how the crash affected your daily life Your injuries could have affected your ability to do household chores work and interact with others It is crucial to keep a track of your injuries as well as the impact they have affected your personality and mood People suffering from PTSD or depression following a crash often need longterm treatment and medication to treat their conditions They also have to deal with the trauma and memories of the crash Although the damages for pain and suffering are often hard to calculate however theyre not impossible to receive an amount that is fair for A lawyer can help determine the amount you should receive for your injuries They can also enter settlement negotiations on your behalf and present the best possible evidence to an insurance company in order to ensure a fair settlement
