The Ultimate Glossary Of Terms For Auto Accident Attorney
Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as soon as you can. Your attorney can help you to understand your rights and receive the compensation you deserve.
All drivers are accountable for adhering to traffic rules. When they breach that duty and cause injury, they can be held responsible.
Damages
In general there are two kinds of damages that may result from a car accident. The first kind of damage called special damages, comes with a value in dollars that can be easily determined. Items like medical bills loss of wages, vehicle repair are examples of special damages. The second type of damages which is referred to as non-economic damage, is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses it is essential to to prove that the injuries sustained were serious enough to warrant the award. This is a challenging task and the person who was injured must be represented by a lawyer.
One of the most common forms of non-economic damages is the loss of enjoyment in life. It's usually a financial amount that is a reflection of a diminished quality of life due to injuries caused by accidents. Also, it is the inability to participate in certain activities, like driving, that used to be enjoyable.
In some cases victims could be capable of suing for punitive damage. This kind of damage is designed to punish the defendant for a particularly indecent act, and serves to deter others from repeating the same actions in the future. The possibility of punitive damages is not available in every case, and a successful claim is based on the strength of evidence that proves the defendant was acting with conscious disregard for the safety of others.
Liability
When you are injured in an accident in a car and are injured, the person or company responsible for the injuries you sustained will be responsible to pay you compensation. This includes compensation for medical costs and property damages, as well as lost income, and other damages like discomfort and pain. In auto accident attorneys long beach , the driver that caused the accident will be responsible. However, it's not uncommon for the two drivers to share some blame. Some states follow what is called comparative negligence laws where jurors will determine the proportion of fault for each driver and adjust the amount of damage accordingly.
It is important that you can demonstrate to the satisfaction of an insurance company or jury or judge what happened. The burden of evidence is what we refer to it. The burden is shifted to the party making the claim - the plaintiff and requires you to provide proof of how the crash occurred.
A government institution can also be held accountable for an accident. This could occur when a highway is not properly maintained or designed, and this contributes towards an accident. These are also referred to as road defect cases. Sometimes, manufacturers are accountable in these kinds of claims as well. They may be held accountable for defects, such as brakes, tires, and mechanical failures.
At-fault driver citations
An officer can often determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. They could issue tickets if they believe a driver violated traffic laws. Insurance companies also look at police reports to help them determine the cause of the incident.
It is natural for drivers to blame one another after an accident. However, this can be harmful. Besides giving the other driver a bad impression, it could result in an admission of guilt which could be used against you in court.
In the majority of car accidents there are two or more people who share a percentage of responsibility. This is the reason why most states use modified comparative blame rules that allow the person who is claiming to claim damages less their proportion of fault. A traffic citation may be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the amount of compensation for injuries.
The incident that someone is cited following a car crash could be evidence that they were the cause of the crash. It is not a guarantee that a personal injury claim will be successful. Based on the circumstances of your case you may need other types of proof to prove that the other driver was negligent and caused you harm. You will need witness testimony, evidence at the accident scene and medical records to prove your injuries.
Police reports
When officers from the police arrive at a car accident site and are asked to fill out an official report. The reports include both information and opinions noted by the officers present at the time of the collision. This is a crucial document for any claim involving an auto accident. Insurance companies also will review the report to determine fault and compensation.
Depending on the area of jurisdiction, police reports can be admissible in court or not. The police report contains testimony of people who haven't been officially sworn in as witnesses. These statements must fall under an exception to the hearsay law to be used as evidence.
A typical police report contains information regarding the driver, the vehicles, and victims involved in the crash, in addition to the details of the incident and any evidence discovered at the scene. A majority of police reports contain an officer's view on the reason for the accident and who's to blame.
Even if there is no indication that you are injured, it is still the best option to file a police accident claim even if the incident seems to be minor. Documentation is important since there aren't all injuries visible right away.