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What Is Auto Accident Law? If you're injured in the course of an accident in the car, you could be entitled to compensation. Damages can include medical bills as well as lost wages and other calculable expenses. They may also cover non-economic damages like pain and suffering. Some states adhere to no fault insurance laws, whereas others use a system of comparative negligence in order to determine the extent of responsibility and award damages. An experienced attorney can assist you in navigating the process. Liability If someone suffers injuries or property damage as a result of a crash that was caused by another party, a car accident lawyer will be needed. This type of law falls under personal injury laws and seeks to determine the responsible party for the losses, which includes repair and medical expenses and the loss of wages as well as other financial losses. General rule: Any driver who violates driving rules that vary from jurisdiction to jurisdiction, and causes a crash that causes harm to others, could be held accountable for monetary compensation. This is especially true if the other driver has been injured or killed. In general, the plaintiff must prove that the defendant had the duty of care towards the victim and failed to meet it. auto accident attorney huntsville of duty caused the victim to suffer losses. In some states, like New York, the theory of comparative fault can be used to determine the cause of an accident. In addition to proving that a driver's negligence was a breach of duty, it is also important to determine the facts that caused the crash. A thorough record of the accident scene including a map, photos, and contact information for witnesses, can help an attorney to build a strong defense for a claim of responsibility. It is vital to not admit blame to the other driver or to their insurance company. You should also never sign anything issued by an insurance company or any other third party unless you have been reviewed by an attorney. Damages In a car crash lawsuit the aim is to obtain financial compensation for your losses or injuries. The compensation is often referred to as “damages.” Damages are usually classified into two categories: economic damages and non-economic damages. Economic damages include expenses that can be calculated, such as medical expenses, lost wages and car repair costs. Non-economic damages can be more difficult to quantify. They may include suffering and pain and loss of enjoyment life, and loss of consortium. For example, a serious crash could cause a person to develop a severe phobia of driving, which can prevent them from participating in the many activities that he or she enjoys. This could lead to losing income or enjoyment of life. A victim could be entitled to compensation. A judge will look at a variety factors when calculating damages including the extent to which a driver's negligence caused the accident as well as the extent to which the victim's negligence contributed to their losses. A judge will also take into account other factors, such as the weather conditions. Weather conditions that are not ideal such as rain or snow can create dangerous road conditions, which increase the risk of an accident. A motorist who is in violation of traffic laws because of conditions that aren't ideal could be held accountable for any injuries or property damage that may result. Another aspect is vicarious liability, a legal theory which assigns the blame for an accident on someone who was not directly involved in the incident but who had a responsibility to exercise care towards others. Statute of limitations In the majority of instances, you have a certain amount of time to file your lawsuit after the accident. This time frame is known as the statute of limitations. If you miss this deadline your legal right to pursue a negligent driver to recover your losses and injuries will be lost. The purpose of the statute of limitations is to ensure that legal matters can be investigated within a reasonable period of time. The longer an incident goes on, the harder it becomes to identify the cause and who was responsible for the damage. Additionally, witnesses may forget about the event, and physical evidence may disappear or get damaged. Thus, it is a an excellent public policy to demand that lawsuits be filed within a reasonable amount of time after an incident. There are some exceptions to the Statute of Limitations. The statute of limitations could be suspended or tolled in the case of minor at the time that the accident occurred. The time limit will be renewed when the victim turns 18 or is married. However, the statute of limitations might be reduced in certain circumstances, such as in the event of an accident that involves municipal employees or a public official. An experienced car accident attorney will advise you on whether any of these exceptions are applicable to your situation. Filing an action The formal process of a lawsuit in the field of car accident law starts when the plaintiff files a civil suit against a person, entity or government agency (the defendant) accusing them of acting irresponsibly or recklessly in connection with an accident that resulted into injuries or injuries to others. Every party has the right to a fair and impartial trial, including the opportunity to present all evidence needed to justify their claims. After the discovery period has ended, the defendant is required to file a document called an answer, in which they acknowledge or deny every allegation in the plaintiff's complaint. They also identify any legal defences to the claim. In a trial the plaintiff is required to present their case by way of oral testimony and documents and exhibits. They may cross-examine witnesses on behalf of the defendant. During the trial, the judge or jury listens to all of the evidence before making a decision. Settlements for car accident cases typically comprise economic damages, such as medical expenses loss of wages, property damage, and suffering and pain. If these costs exceed no-fault insurance coverage or when a loved one was killed in a collision, victims may be eligible for additional compensation through a lawsuit against the at fault party. An experienced lawyer for car accidents can assist in negotiating a fair settlement or taking the defendant to trial. The majority of car accident lawyers operate on a contingent fee basis. This means that they don't charge a per hour rate instead they charge a percentage from any settlement or verdict awarded to their client.