12 Companies That Are Leading The Way In Auto Accident Attorney
Auto Accident Legal Matters
Contact a seasoned attorney immediately when you've been injured in a car crash. Your attorney can explain your rights and assist you get the compensation you deserve.
Every driver is responsible for obeying traffic laws. They are liable if they break this duty and cause harm.
Damages
In general, there are two different kinds of damages that can result from an automobile accident. The first type of damage known as special damages, have the value of a dollar that is easily calculated. Special damages include medical expenses, lost wages and vehicle repairs. The second type of damage that are referred to as non-economic damages is more difficult to quantify. auto accident lawyer greenville include things like pain and suffering.
In order to be eligible for compensation for losses that are not economic, it is essential to be able to prove that the injuries sustained were serious enough to merit the amount. This is a daunting task and the injured person should be represented by an attorney.
One of the most common kinds of non-economic damages is the loss of enjoyment in life. This usually involves an amount of money that represents the diminished quality of life as a result of injuries caused by accidents. It also can result in the inability of participating in certain activities, like driving, that were once enjoyable.
In a few cases victims may be allowed to sue for punitive damages. These damages are intended to penalize the defendant and discourage future acts which are as indecent. Punitive damages are not available in all cases and a successful claim is based on the evidence that proves the defendant acted with a conscious disregard for other people's safety.
Liability
If you're injured in a car accident the person or entity responsible for the injuries you sustained will be responsible to compensate you. This will include money for medical expenses, property damage, loss of income, as well as other damages like suffering and pain. In most cases, the person who caused the crash will be responsible. However, it is not uncommon for the two drivers to share some blame. Certain states have laws that are called comparative negligence. the jury determines the proportion of each driver's share and adjusts the damage award according to the percentage.
It is vital that you prove what happened to an insurance company, or to a jury or judge. The burden of proof is what we call it. The burden falls on the person who is making the claim, namely the plaintiff and requires you to provide the evidence that demonstrates how your crash occurred.
A government institution can also be held responsible for an accident. This can happen when a roadway has been poorly constructed or maintained, and this results in an accident. These are also known as road defect cases. These types of claims may also be brought by manufacturers. They could be held accountable for defects like brakes, tires and mechanical failure.
At-fault driver citations
Often, an officer can determine who was the cause of an accident by studying the scene of the crash and questioning witnesses. If they believe that a driver is in violation of traffic laws, they can issue a citation. Insurance companies may also look at police reports to help them determine the cause of the incident.
Following an accident, it is normal for drivers to glare at each other. This can be detrimental. While giving the other driver a negative impression, it could lead to an admission of guilt that could be used against you in court.
In the majority of car accidents there are usually two or more parties sharing a portion of responsibility. Most states have modified comparative-fault rules that permit claimants to receive damages less their percentage of fault. Insurance adjusters can use a traffic citation to increase the percentage of responsibility for the accident, which may reduce their settlement for their injuries.
The fact that someone is mentioned after a car accident can be strong evidence that they caused the crash. It is not any guarantee that a personal-injury case will be successful. Depending on your case the other evidence could be required to prove that the other driver was negligent and injured you. This includes witness testimony, evidence at the scene of the accident and medical records detailing your injuries.
Police reports
When officers from the police arrive at a vehicle accident site they complete an official report. The reports contain both the facts and opinions that were observed by the officers on the scene when the accident took place. This is a crucial document to be used in any auto accident claim. Insurance companies also will review the report for fault and compensation.
Depending on the area of jurisdiction, police reports can be admissible or not. The reason for this is that the police report includes statements made by individuals who are not sworn witnesses in court. To be able to be considered as evidence in a legal case they must fall within one of the hearingsay exceptions under law.
A typical police report will include details about the vehicle, driver, and victims involved in the crash, along with a description of the incident and any evidence found at the scene. Many police reports also include the officer's opinions about how the accident occurred and who's responsible for the incident.
Even if there is no indication that you are injured, it's beneficial to file a police accident claim, even if the accident seems to be minor. Not all injuries are apparent right away and having a solid record can help in getting you the money you deserve for medical expenses.
