The Ultimate Glossary Of Terms For Auto Accident Attorney
Auto Accident Legal Matters
If you are injured in a car accident, contact an experienced attorney as soon as you can. Your lawyer can explain your rights and help you receive the compensation you are entitled to.
Every driver is responsible for adhering to traffic laws. If they fail to do so and cause harm, they are accountable.
Damages
Generally speaking there are two kinds of damages that could result from a car crash. The first type of damage, known as special damages, comes with the value of a dollar that is easily determined. Special damages include medical bills, lost wages and repairs to vehicles. The second kind of damage, also known as non-economic damages is more difficult to quantify. auto accident law firm plymouth include things like pain and suffering.
In order to be compensated for non-economic losses, you must be able prove that your injuries were serious enough to warrant this award. This is a difficult task and the victim must be represented by a lawyer.
Loss of enjoyment is one of the most common non-economic damages. This is usually a monetary amount that indicates a decreased quality of living because of injuries resulting from accidents. It also includes the inability to participate in certain activities, such as driving, that were once enjoyable.
In a few cases victims may pursue punitive damages. The purpose of this type of damage is intended to penalize the defendant and deter future acts that are as egregious. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for others' safety.
Liability
If you suffer injuries in an auto accident, the person responsible for the injuries you sustained is responsible to pay you. This includes compensation for medical expenses, property damages, lost income, as well as non-economic damages that include discomfort and pain. In most cases, this is the driver who caused the crash. However, it's not unusual for two drivers to share some blame. Some states apply what's called comparative negligence laws. In these, the jury will decide each driver's percentage of fault and adjust the damage award according to that.
It is important to demonstrate to the satisfaction of an insurance company or a juror or judge that the incident occurred. The burden of proof is what we call it. The plaintiff is the one who bears the burden of proof. You must prove to prove that your accident happened.
Another type of situation that can be filed is when a governmental entity is at fault for the accident. This can occur when a roadway has been poorly designed or maintained and this can cause an accident. These types of claims are also known as roadway defect cases. These kinds of claims can also be brought by manufacturers. They may be held accountable for defects, such as brakes, tires, and mechanical failures.
At-fault driver citations
An officer will often be able to determine who caused an incident by analyzing the scene of the accident and interviewing witnesses. If they believe a driver has violated traffic laws they may issue a ticket. Insurance companies can also use police reports to determine the fault.
After an accident, it is normal for drivers to stare at each one another. However, this could be detrimental. This could not only give the other driver a bad impression but could also result in you committing a crime in court.
Most car accidents can involve two or more persons who share some degree of responsibility. This is the reason that most states have modified comparative fault rules that allow the claimant to seek compensation for damages minus their proportion of fault. An insurance adjuster might utilize a traffic ticket to increase the percentage of blame for the accident which could limit their compensation for their injuries.
The fact that someone is mentioned following a car crash could be a strong proof that they caused the crash. It's not an assurance that a personal-injury case will be successful. Based on the circumstances of your case, other types of evidence may be needed to prove that the other driver was negligent and injured you. Witness testimony, evidence at the scene of the accident, and medical documents to prove your injuries.
Police reports
When law enforcement personnel attend the scene of a car accident they will complete an official police report. The reports will contain both information and opinions taken note of by the officers who were on the scene at the time the accident occurred. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report in order to determine the fault and compensate the injured parties.
Based on the jurisdiction of the police, reports can or may not be admissible in court. The main reason for this is that the police report contains statements from people who aren't sworn witnesses in court. To be able to be considered as evidence in a legal proceeding they must fall under one of the exemptions to hearsay law.
A typical police report contains details about the driver's identity, the vehicles involved and the victims in the crash, as well as an account of the incident and any evidence that was found on the scene. Many police reports also include officers' opinions on what caused the crash and who is most to blame for it.
Even if you don't feel injured, it is still beneficial to make a police report, even if the accident seems to be minor. Not all injuries show up immediately and having evidence can be a huge help in getting you the compensation you deserve for your medical expenses.