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What Is Auto Accident Law If youre injured as a result of an accident in a car you may be able to claim damages for your injuries Medical expenses lost wages and other costs that are measurable can be included in damages They may also cover noneconomic damages like suffering and pain Some states have nofault insurance laws Others rely on the concept of comparative negligence when determining liability and awarding damages An experienced attorney can guide you through the procedure Liability A lawyer for car accidents is needed when a person suffers injuries or property damage from a crash caused by a third party This kind of law is part of personal injury laws It aims to determine the responsible party for damages including medical expenses and repair costs as well as the loss of wages and other financial damages General rule any driver who violates driving rules that vary by jurisdiction and causes a crash that harms others may be held liable for monetary compensation This is especially true when the other driver was 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 such as New York the legal theory of comparative negligence can be used to determine the fault of an accident In addition to the proof of a drivers lapse in duty it is also important to determine the facts that caused the crash The possession of detailed information regarding the accident scene such as a sketch or photos as well as contact details for witnesses can assist an attorney create a convincing case for the liability It is essential that you do not admit fault to either the other driver or their insurance company Also you should never accept any information provided by an insurance company or any other third party unless you have been reviewed by an attorney Damages In a lawsuit for car accidents the goal is to seek financial compensation for your losses or injuries This type of compensation is often referred to as damages Damages are generally categorized into two categories that are economic and noneconomic damages Economic damages can include measurable expenses like medical bills as well as lost wages and car repair costs Noneconomic damages can be more difficult to quantify Noneconomic damages can include pain and discomfort and loss of enjoyment of living and loss in consortium A serious crash can cause a persons fear of driving to be so severe that it prevents them from engaging in many of the activities they enjoy auto accident lawyer yorba linda could lead to a loss of income and enjoyment of life Therefore a victim might be entitled to compensation for the harm caused A judge will consider a variety of aspects when calculating damages including the extent to which one drivers negligence was a factor in the accident as well as the extent to which the victims negligence caused the losses A judge will also consider other factors like weather conditions For instance bad weather conditions can result in dangerous road conditions which increase the chance of accidents A driver who violates traffic laws because of the weather can be held responsible for any injuries or property damage that may result Another reason to consider vicarious liability a legal doctrine that assigns blame for an accident on someone who was not directly involved in the accident but who was held accountable to behave with care towards other people Statute of limitations In the majority of instances there is a finite amount of time after an accident to file a lawsuit This time limit is known as the statute of limitations If you fail to meet this deadline your right to pursue a negligent driver to recover your injuries and losses will be lost The statute of limitations was established to ensure that legal cases are handled within a reasonable period of time The longer an incident goes on the more difficult it is to determine what occurred and who was responsible for the damage In addition witnesses might forget about the event and evidence from the scene can vanish or be damaged Thus it is a an excellent public policy to demand that lawsuits be filed within a reasonable amount of time following an incident There are some exceptions to the Statute of Limitations The statute of limitations can be extended or suspended when the plaintiff was an underage person at the time the incident occurred Then the statute of limitations is set to start over again after the victim becomes an adult whether by getting married or reaching the age of 18 The statute of limitations may be reduced in certain circumstances for instance when an accident involves municipal employees or other public officials An experienced lawyer for car accidents will be able to tell you if any of the above exceptions apply to your situation Filing a Lawsuit The formal procedure of a lawsuit in car accident law starts when the plaintiff files a civil lawsuit against a person organization or government agency the defendant alleging that they acted recklessly or in a negligent manner with an accident that resulted into injuries or damage to others Each party has the right to a fair and just trial which includes the right to present all evidence needed to support their claims After the discovery period has ended the defendant has to file a document referred to as an answer In the document they have to acknowledge or deny all allegations 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 have the right to crossexamine the defendants witnesses During the trial the judge or jury is able to listen to all evidence and then makes a decision Settlements for car accidents usually contain economic damages such as medical expenses lost income property damage and pain and suffering If these costs exceed nofault insurance coverage or if someone close to you has was killed in a crash victims may be eligible for additional compensation through a lawsuit against the atfault party A seasoned lawyer for car accidents can assist in reaching a fair settlement or bringing the defendant to trial Most car accident attorneys work on a contingency fee basis meaning they dont charge per hour instead they take a percentage of any settlement or verdict awarded to their client
