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What Is Auto Accident Law If you are injured in a car accident you could be entitled to compensation for your injuries Damages can include medical bills as well as lost wages and other calculable expenses They may also cover noneconomic damages such as suffering and pain Certain states have no fault insurance laws while others employ the concept of comparative negligence to determine the responsibility and award damages An experienced attorney can help you through the process Liability A lawyer for car accidents is needed if a person is injured or suffers property damage due to a crash caused by another party This kind of law is part of personal injury laws auto accident law firm westland seek to determine the party responsible for the losses which includes medical costs and repair costs in addition to the loss of wages and other financial damage The general rule is that any driver who breaks the rules of driving that vary according to the jurisdiction and leads to an accident that harms other motorists could be to be liable for financial compensation This is especially true if the other driver was injured or killed In general the plaintiff has to establish that the defendant was under the duty of care to the victim but did not fulfill it This breach of duty caused the victim to suffer losses In some states like New York the theory of comparative fault is utilized to determine the fault in an accident It is crucial to establish all the details that led up to the accident as well as proving the drivers lapse Lawyers can create an argument for liability that is strong with the help of detailed information regarding the accident site like images a diagram and the contact details of witnesses It is important that you dont admit any fault to the other driver or their insurance company Also you should never sign anything from an insurance company or any other third party until you have been examined by an attorney Damages A car accident lawsuit is about getting financial compensation for your losses and injuries This type of compensation is often called damages Damages can be classified into two types economic damages and noneconomic damages Economic damages can include measurable expenses like medical bills loss of wages car repair costs Noneconomic damages can be more difficult to quantify They could include suffering and pain as well as loss of enjoyment of life and loss of consortium For instance a severe crash can cause a victim to develop a phobia of driving which can prevent him or her from participating in many activities he or she enjoys This can lead to losing income or enjoyment of life A victim may be entitled to compensation A judge will look at a variety aspects when calculating damages including the extent to which one drivers negligence caused the accident as well as the extent to which the victims own negligence contributed to their losses A judge will also take into consideration other factors such as the weather conditions Conditions that arent ideal for the weather for example can create dangerous road conditions that increase the risk of an accident Drivers who break traffic laws because of bad weather could be held accountable for any injuries or property damage that may result Vicarious liability is a different aspect This legal theory places the responsibility for an accident to someone who wasnt directly involved but had the obligation to exercise care for others Statute of limitations In most cases you will only have a limited time to file your lawsuit after the incident This time frame is referred to as the statute of limitations If you fail to meet this deadline the right to bring a lawsuit against a negligent driver for your losses and injuries will be lost The statute of limitations is in place to ensure that legal proceedings are investigated within a reasonable amount 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 In addition witnesses might forget about the incident and evidence from the scene can vanish or get damaged So its a an excellent public policy to demand that lawsuits be filed within a reasonable time of time after an incident There are some exceptions to the Statute of Limitations For example the statute of limitations can be suspended or suspended when the plaintiff was a minor at the time of the accident The statute of limitations begins to run over again after the victim becomes an adult either by getting married or reaching the age of 18 However the statute of limitations may be shortened in certain situations like in the event of an accident that involves an employee of a municipality or a public official A seasoned attorney in car accidents can help you determine if any of these exceptions apply to your case Filing a Lawsuit The formal process for car accident law begins when the plaintiff files civil claims against an individual company or government agency the defendant and claims that the defendant acted negligently or irresponsibly in connection with an accident which resulted in injuries or damages to others Each party is entitled to a fair and just trial including the opportunity to present all evidence needed to justify their claims After the discovery period the defendant must prepare an answer in which they deny or admit each allegation in the plaintiffs complaint They must also outline any legal defenses to the claim At trial the plaintiff is required to present their case via oral testimony and documents and exhibits They have the right to crossexamine witnesses for the defendant During a trial a judge or jury will consider all evidence before deciding Settlements for car accidents typically comprise economic damages such as medical expenses and lost income property damage and pain and suffering When these costs exceed no fault insurance coverage or when the loved ones died in a crash victims may be entitled to additional compensation via a lawsuit against the responsible party An experienced car accident attorney can help you negotiate an equitable settlement or bring the defendant to the court The majority of car accident lawyers operate on a contingent fee basis This means that they do not charge an hourly rate but instead take an amount of the settlement or verdict awarded their client
