swanlink8
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
What Is Auto Accident Law If you are injured in the course of an automobile accident you could be entitled for compensation Medical expenses lost wages and other foreseeable costs could be included in damages Damages can also encompass noneconomic damages such as discomfort and pain Certain states have no fault insurance laws Other states use the concept of comparative negligence for determining responsibility and awarding damages An experienced attorney can assist you in navigating the legal process Liability If someone suffers injuries or property damage as a result of an accident caused by another party a car accident lawyer will be needed This type of law which falls under personal injury law seeks determine who is responsible for the loss incurred which include medical bills and repair costs in addition to pain and suffering lost wages and other financial damages General rule any driver who violates driving laws that vary by jurisdiction or region and causes a collision which causes harm to others can be held accountable for financial compensation This is especially true when the other driver was injured or killed In general the plaintiff has to show that the defendant had a duty of care to the victim and failed to meet it This breach of duty resulted in the victim suffering losses In some states like New York the legal theory of comparative negligence is used to assign blame in an accident In addition to proving a drivers breach of duty it is crucial to establish the circumstances that caused the crash A lawyer can construct a strong liability case by providing detailed information about the accident site which includes pictures diagrams and the contact information of witnesses It is essential that you do not acknowledge fault to either the other driver or to their insurance company It is also important to not sign anything provided by an insurance company or a third party unless youve had it reviewed by an attorney Damages A car accident lawsuit is about securing financial compensation for your injuries and losses This type of compensation is often called damages Damages are generally classified into two categories that are economic and noneconomic damages Economic damages encompass expenses that can be calculated like medical bills lost wages and car repair costs Noneconomic damages are more difficult to quantify They can include suffering and pain as well as loss of enjoyment of life and loss of consortium For instance a severe accident can cause a driver to develop a severe phobia of driving that prevents the person from taking part in the many activities that he or she enjoys This could lead to losing income or enjoyment of life A victim could be entitled to compensation A judge will look at a variety factors when calculating damages including the extent to which one drivers negligence caused the accident and the extent to which the victims own negligence caused the losses A judge will also take into consideration other factors such as the weather conditions For instance weather conditions can result in dangerous road conditions which increase the risk of accidents A driver who violates traffic laws because of conditions that arent ideal could be held accountable for any injuries or property damage that may result Vicarious liability is a further factor auto accident attorney spokane valley places the responsibility for an accident to an individual who was not directly involved but was the obligation to exercise diligence towards others Statute of limitations In the majority of instances there is a certain period of time following an accident to bring a lawsuit This time frame is referred to as the statute of limitations If you miss this deadline your right to pursue a negligent driver to recover your injuries and losses will be lost The statute of limitations exists to ensure that legal cases are examined within a reasonable amount of time The longer an incident drags on the harder it becomes to determine what transpired and who was accountable for the damages In addition witnesses might forget about the incident and physical evidence may disappear or get damaged So its a the best public policy to insist that lawsuits be filed within a reasonable time of time after an incident There are exceptions to the Statute of Limitations For instance the statute of limitations is usually extended or suspended when the plaintiff was minor at the time of the accident The statue of limitations starts running again when the victim turns an adult whether by getting married or reaching their 18th birthday The statute of limitations could also be reduced under certain circumstances such as instance when an accident involves municipal employees or other public officials An experienced lawyer for car accidents can help you determine if any of these exceptions applies to your particular case Filing an action The formal process in car accident law begins when a plaintiff files a civil complaint against another person organization or government agency the defendant and claims that the defendant acted negligently or recklessly when it comes to an incident that resulted in injuries or damages to others Every party has the right to a fair and impartial trial including the opportunity to present all evidence to justify their claims After the discovery period has ended the defendant has to file a document known as an answer In this document they must admit or deny any claim made in the complaint of the plaintiff They also list any legal defenses to the claim In a trial the plaintiff will present their case via oral testimony as well as documents and exhibits They are entitled to crossexamine the defendants witnesses During the course of a trial a judge or jury will be able to hear all evidence before making a decision Settlements for car accidents typically contain economic damages such as medical expenses loss of income property damage and pain and suffering If the amount of these expenses is greater than the insurances nofault protection or when a loved one been killed in a crash victims could be entitled further compensation by filing a lawsuit against those responsible An experienced lawyer for car accidents can assist in reaching a fair settlement or taking the defendant to trial Most car accident lawyers work on a contingent fee basis This means that they dont charge an hourly fee instead they take a percentage of any settlement or verdict that they award their client
