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Auto Accident Legal Matters If you are injured in a car accident contact an experienced attorney as soon as possible An attorney can explain your rights and assist to get the compensation you need All drivers are required to observe traffic laws If they violate that duty and cause harm they are liable Damages In general there are two types of damages that may result from an automobile accident The first referred to as special damages have a specific dollar value that is easy to calculate Things like medical bills as well as lost wages and repairs to vehicles are examples of special damages The second type which is referred to as noneconomic damages are more difficult to quantify These include things like pain and suffering To be eligible for compensation for noneconomic losses you must prove that your injuries were severe enough to warrant this award This is an extremely difficult task and the person who has suffered should be represented by an attorney Loss of enjoyment is among the most commonly reported noneconomic losses In general this is the amount of money reflected in the lower quality of life resulting due to accidentrelated injuries This can include the inability of the victim to perform activities that were once enjoyable like driving In rare instances victims might be capable of suing for punitive damages This kind of damages are designed to punish the defendant for a particular sloppy act and serves to deter others from doing similar things in the future Damages for punitive intent may not be offered in all cases A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others Liability If youre injured in an automobile accident the person responsible for your injuries is responsible to pay you This includes reimbursement for medical expenses and property damages as well as lost income and noneconomic damages like pain and discomfort In the majority of cases it is the driver who caused the accident However auto accident lawyer jersey city s not uncommon for the two drivers to share some responsibility Certain states have laws known as comparative negligence in which a jury determines the proportion of each drivers share and adjusts the amount of damage accordingly It is crucial to demonstrate what transpired to an insurance company or to a judge and jury The burden of proof is what we call it The burden is placed on the person who is making the claim the plaintiff and requires you to show the evidence that demonstrates how your accident occurred A government institution can also be held accountable for an accident This could happen when a road is poorly maintained or designed which can lead to an accident These are also referred to as road defect cases These types of claims may also be brought by manufacturers They could be held accountable for defects in cars like brakes tires and mechanical failure Atfault driver citations An officer can often determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses If they believe that a driver has broken traffic laws they might issue a ticket Insurance companies may also use police reports to determine the fault After an accident it is normal for drivers to point fingers at each one another However this could be harmful While giving the other driver a negative impression it could lead to an admission of guilt which could be used against you in court In the majority of car accidents there are usually two or more parties who share some level of fault Most states have modified comparativefault rules that allow claimants to recover damages that are less than their percentage of blame A traffic citation could be used by an insurance adjuster to increase the percentage of claimant blame in an accident This can decrease the amount of compensation for injuries The incident that someone is cited following a car crash could be strong evidence that they caused the crash Its not an assurance that a personal injury case will be successful Depending on the circumstances of your case you may require other forms of proof to prove that the negligence of another driver caused you harm You will need witness testimony evidence at the scene of the accident and medical documents to prove your injuries Police reports When officers from the police arrive at a vehicle accident site they complete an official report These reports include both the facts and opinions noted by the officers on the scene when the accident took place It is an essential document for any claim involving an auto accident Insurance companies will also review the report to determine the fault and amount of compensation Based on the jurisdiction police reports are admissible or not in court The main reason for this is that the police report contains statements by people who are not sworn witnesses in court These statements must fall under an exception to the hearsay law to be admissible as evidence A typical police report includes information about the driver the vehicles and victims involved in the crash along with a description of what happened and any evidence discovered on the scene Many police reports include an officers opinion on the cause of the accident and who is responsible for the incident Even if you dont feel injured it is still in your best interests to make a police report even if the accident appears to be minor Not all injuries are apparent immediately and having a thorough record can be a huge help in helping you win the compensation youre entitled to for medical expenses
