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What Is Auto Accident Law?

If you’ve been injured in an automobile accident you could be entitled to compensation for your injuries. Damages could be based on medical bills, lost wages and other calculable expenses. They could also include non-economic damages such as suffering and pain.

Certain states have no fault insurance laws. Others use the concept of comparative negligence to determine responsibility and awarding damages. A knowledgeable attorney can guide 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 type of law, which is a part of personal injury law, seeks to determine who is responsible for the losses incurred which include medical bills and repair costs along with pain and suffering, lost wages, and other financial damages.

The general rule is that any driver who breaks the laws of driving which are different for each jurisdiction and leads to an accident that harms other people could be held to be liable for financial compensation. This is true, especially if the other driver has been injured or killed.

Generally, the plaintiff in a car crash case will need to show that the defendant was owed by him or the plaintiff a duty to exercise reasonable care, but failed to do so and that the breach of duty directly led to the victim’s losses. In some states, like New York, the legal theory of comparative negligence can be used to assign blame in an accident.


It is vital to determine all the facts that led up to the accident, as well as proving the driver’s breach. Lawyers can create a strong liability case by providing specific information about the location of the accident, such as images, a diagram and the contact details of witnesses. It is vital that you don’t admit blame to the other driver or to their insurance company. You should also never sign anything from an insurance company or any other third party unless you have been reviewed by an attorney.

Damages

In a car crash lawsuit, the goal is to seek financial compensation for your injuries or losses. This compensation is often referred to as “damages.” Damages are generally classified into two categories which are: economic damages and non-economic damages. Economic damages encompass expenses which can be calculated, like medical bills, lost wages and car repair expenses. Non-economic damages are more difficult to quantify. They can include suffering and pain, loss of enjoyment of life and loss of consortium.

For example, a serious crash can cause a victim to develop a severe phobia of driving that prevents him or her from participating in the various activities she enjoys. This could lead to an income loss or enjoyment of life. A victim could be entitled to compensation.

In calculating damages, a judge will consider a number of factors. These include the extent to which negligence of a driver led to the accident, and the extent of the victim’s negligence contributed to their loss. A judge will also consider the role of other factors, including weather conditions.

For instance, inclement weather conditions can cause dangerous road conditions, which increase the chance of accidents. A driver who violates traffic laws due to the weather can be held responsible for any injuries or property damage that may result. Another aspect is vicarious liability, a legal principle that apportions blame for an accident on someone who was not directly involved in the accident but who had a responsibility to behave with care towards others.

Statute of limitations

In the majority of instances, you have an incredibly short time to file your lawsuit after the incident. This time period is known as the statute of limitation. If you fail to meet the deadline, you will lose your right to bring a lawsuit against the negligent driver to recover your injuries and losses.

The statute of limitation exists to ensure that legal proceedings are completed within a reasonable amount of time. The longer a situation continues, the more difficult it is to establish what took place and who was responsible for the harm. Witnesses may forget the event and evidence from the scene could disappear or be damaged. It is therefore a good public policy to insist that lawsuits are filed within a reasonable period after an incident.

There are some exceptions to the Statute of Limitations. For instance the statute of limitations is typically tolled (or suspended) in cases where the plaintiff was a minor at the time of the accident. Then, the statue of limitations starts running after the victim is an adult – either by getting married or achieving the age of 18.

However the statute of limitations might be reduced in certain circumstances, such as in the event of an accident that involves a municipal employee or another public official. A car accident lawyer can tell you if any of these exceptions apply to your case.

Filing auto accident lawyer new bedford of a lawsuit in the field of car accident law begins when the plaintiff files a civil lawsuit against a person, entity or government agency (the defendant) alleging that they acted irresponsibly or recklessly in connection with an accident that resulted in injuries or damage to others. Each party is entitled to a fair, impartial trial, including the chance to present all evidence needed to support their claims.

After the discovery period has ended, the defendant must file a document called an answer in which they deny or admit each claim in the plaintiff’s lawsuit. They also provide any legal defenses to the claim.

The plaintiff will argue their case during trial using oral testimony, documents and exhibits. They are entitled to cross-examine witnesses of the defendant. During the trial the jury or judge takes in all the evidence before making a decision.

Settlements from car accidents usually comprise economic damages such as medical expenses and lost income, property damage and pain and suffering. If these costs exceed no-fault insurance coverage, or when someone close to you has died in a crash, victims could be entitled to additional compensation via a lawsuit against the at fault party. An experienced lawyer in car accidents can assist with reaching a fair settlement or bringing the defendant to trial. Most car accident lawyers are paid on a contingency fee basis. This means they don’t charge an hourly rate but instead take a portion of any settlement or verdict awarded to their client.