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What Is Auto Accident Law If youre injured in an automobile accident you could be entitled for compensation Damages could include medical bills loss of wages as well as other expenses that are measurable They could also include noneconomic damages such as suffering and pain Certain states have nofault insurance laws Other states use the concept of comparative negligence to determine responsibility and awarding damages An experienced attorney can help you navigate the process Liability When a person suffers injuries or property damage as a result of a crash that was caused by another driver a car crash lawyer will be required This type of law which falls under personal injury law seeks determine who is accountable for the damages incurred including medical bills and repair costs along with pain and suffering lost wages and other financial damages The general rule is that any driver who is in violation of the rules of driving that vary according to the jurisdiction and can result in an accident that damages others could be held accountable for financial compensation This is the case particularly in the event that the other driver has been injured or killed In general the plaintiff has to demonstrate that the defendant owed the duty of care towards the victim and failed to fulfill it The breach of duty resulted in the victim suffering losses In some states like New York the theory of comparative fault is utilized to determine who is responsible for an accident In addition to proving a drivers breach of duty it is also important to establish the facts that caused the accident A lawyer can build an effective liability case with the help of detailed information regarding the scene of the accident such as images a diagram and the contact information of witnesses It is important to keep in mind that one should not admit guilt to the other driver or their insurance company and should never accept any form of documentation that an insurer or a thirdparty provides unless it is scrutinized by a lawyer Damages In a lawsuit for car accidents the aim is to obtain financial compensation for the losses or injuries you suffered This type of compensation is often called damages Damages can be classified into two categories economic damages and noneconomic damages Economic damages refer to expenses which can be calculated such as medical expenses lost wages and car repair costs Noneconomic damages can be more difficult to quantify Noneconomic losses can include pain and discomfort loss of enjoyment of living as well as loss of consortium A serious accident can cause a victims driving phobia to become so severe that it prevents them from engaging in the various activities they enjoy auto accident law firm livonia can result in the loss of income or enjoyment of life A victim could be entitled to compensation A judge will consider various aspects when calculating damages including the extent to which one drivers negligence led to the accident and the extent to which the victims negligence caused the losses A judge will also take into consideration the role of other factors like weather conditions Poor weather conditions like this one can cause dangerous road conditions which increase the chance of an accident Drivers who violate traffic laws due to conditions that arent ideal could be held accountable for any injuries or property damage that may result Another factor is vicarious responsibility which is a legal concept which assigns the blame for an accident to a person who was not directly involved in the accident but had a duty to exercise care towards others Statute of Limitations In most cases you only have a certain amount of time to file your lawsuit after the accident This time limit is called the statute of limitations If you fail to meet this deadline your legal right to claim a negligent driver for your losses and injuries will be lost The reason for the statute of limitations is to make sure that legal proceedings can be investigated within a reasonable period of time The longer an incident continues and the longer it takes the more difficult is to pinpoint what occurred and who caused the harm Furthermore witnesses could forget about the incident and physical evidence can disappear or get damaged It is therefore good public policy to insist that lawsuits are filed within a reasonable time period following an incident There are exceptions to the Statute of Limitations For example the statute of limitations can be extended or suspended in the event that the plaintiff was a minor at the time of the accident The statue of limitations starts running after the victim is an adult whether by getting married or achieving the age of 18 However the statute of limitations might be shortened in certain situations like the case of an accident involving an employee of a municipality or a public official An attorney for car accidents can tell you if any of these exceptions apply to your case Filing a Lawsuit The formal process of a lawsuit involving car accident law begins when a plaintiff files a civil lawsuit against an individual company or government agency the defendant asserting that they acted carelessly or irresponsibly in connection with an accident that resulted in injuries or injuries to others Each party has the right to a fair trial and due procedure including a fair and complete opportunity to present evidence in support of their claims After the discovery period has ended the defendant is required to file a document called an answer where they deny or admit each claim made in the complaint of the plaintiff They also list any legal defences to the claim In the trial the plaintiff will present their case via oral testimony as well as documents and exhibits They may crossexamine witnesses on behalf of the defendant During the trial the jury or judge is able to listen to all evidence before coming to an informed decision Settlements for car accidents usually contain economic damages such as medical expenses lost income property damage and pain and suffering If these expenses exceed the insurances no fault coverage or the loved ones of the victim have lost their life in a crash victims could be entitled further compensation by filing a lawsuit against the parties who were at fault A seasoned attorney for car accidents can assist you in negotiating an equitable settlement or even take the defendant to court Most car accident attorneys operate on a contingency basis meaning that they dont charge hourly but rather take a portion of any settlement or verdict given to their client
