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What Is Auto Accident Law?

If you are injured as a result of an automobile accident, you could be entitled for compensation. Damages could include medical bills or lost wages, among other expenses that can be accounted for. Damages may also include non-economic damages, like pain and discomfort.

Some states follow no fault insurance laws. However, others employ the concept of comparative negligence to determine liability and award damages. A knowledgeable attorney can guide you through the procedure.

Liability

If someone suffers injuries or property damage due to an accident caused by another driver, a car crash lawyer will be needed. This kind of law is a part of personal injury laws and seeks to determine the responsible party for the losses, which includes medical expenses and repair costs in addition to the loss of wages and other financial losses.

General rule: any driver who violates the law of driving that vary by jurisdiction or region, and causes a collision which causes harm to others could be held accountable for monetary 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 a duty of care to the victim but failed to fulfill it. This breach of duty resulted in the victim suffering losses. In certain states, such as New York, the legal theory of comparative negligence is employed to determine who is at fault in an accident.

It is essential to establish all the details that led up to the accident, and also showing the driver’s negligence. A lawyer can construct a solid case for liability by providing specific information about the scene of the accident including pictures, diagrams and contact information of witnesses. It is vital that you do not acknowledge fault to either the other driver or to their insurance company. Don’t accept any information provided by an insurance company or any other third party until you have had it reviewed by an attorney.

Damages

A car accident lawsuit is about securing financial compensation for your injuries and losses. The compensation is often referred to as “damages.” Damages are generally categorized into two categories: economic damages and non-economic damages. Economic damages can include measurable expenses such as medical bills, lost wages and car repair costs. Non-economic damages are more difficult to quantify. They could include suffering and pain as well as loss of enjoyment of life and loss of consortium.

A serious accident can cause a person’s fear of driving to be so severe that they are unable to participate in many of the activities they enjoy. This could lead to loss of income as well as enjoyment of life, and a victim might be entitled to compensation for the damage caused.

When calculating damages, a judge will take into account various elements. This includes the extent to which negligence of a driver led to the accident, and the extent to which the victim’s own negligence caused their loss. The judge will also look at other factors, such as weather conditions.

Conditions that aren’t ideal for the weather such as rain or snow could create dangerous road conditions which increase the chance of an accident. Inclement weather can make the driver liable for injuries or property damage if they violate traffic laws. Another aspect is vicarious liability, a legal doctrine that apportions blame for an accident to a person who was not directly involved in the incident but had a duty to act with care toward others.

Statute of Limitations

In most cases, you will only have a certain amount of time to file your lawsuit after the accident. auto accident lawsuit scranton is known as the statute of limitations. If you do not meet this deadline your right to pursue a negligent driver to recover your losses and injuries will be lost.


The intent behind the statute of limitations is to make sure that legal matters can be examined within a reasonable amount of time. The longer an incident lasts longer, the more difficult it is to determine what occurred and who caused the damage. Furthermore, witnesses could forget about the incident and evidence from the scene can vanish or get damaged. It is therefore good public policy to insist that lawsuits are filed within a reasonable period after an incident.

There are exceptions to the Statute of Limitations. For example, the statute of limitations is usually suspended (or suspended) in cases where the plaintiff was a minor at the incident. The statue of limitations starts running after the victim is an adult – either by getting married or achieving the age of 18.

The statute of limitations could also be shortened in certain circumstances, for instance, if an accident involves municipal employees or other public officials. A seasoned attorney in car accidents will advise you on whether any of these exceptions are applicable to your particular case.

Filing a Lawsuit

The formal process of car accident law begins when a plaintiff files a civil complaint against another person, organization or government agency (the “defendant”) alleging that the defendant acted negligently or recklessly when it comes to an incident which resulted in injuries or damages to others. Each party is entitled to a fair and due trial, including the opportunity to present all evidence needed to support their claims.

After the time for discovery has passed the defendant has to file a document referred to as an answer. In the document, they have to admit or deny any claim made in the plaintiff’s complaint. They also list any legal defences to the claim.

In the trial the plaintiff argues their case by way of oral testimony, documents and exhibits. They are entitled to cross-examine witnesses of the defendant. During the trial the jury or judge is able to listen to all evidence before making an informed decision.

Settlements from car accidents usually comprise economic damages, such as medical expenses or lost wages, property damage, and pain and suffering. If these expenses exceed the no-fault coverage of insurance or in the event that a loved one has died in a crash then victims could be entitled further compensation through filing a lawsuit against those who were at fault. An experienced car accident attorney can help you negotiate an appropriate settlement, or even take the defendant to court. The majority of car accident lawyers work on a contingency fee basis, meaning that they don’t charge hourly, but rather take a portion of any settlement or verdict awarded to their client.