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What Is Auto Accident Law? If you're injured in an automobile accident you could be able to claim damages for your injuries. Damages could include medical expenses or lost wages, among other expenses that can be accounted for. Damages could also include non-economic damages, such as discomfort and pain. Certain states have no fault insurance laws. Other states use comparative negligence in determining responsibility and awarding damages. A knowledgeable attorney can guide you through the process. Liability A car accident lawyer is needed if a person suffers injury or property damage resulting from a collision caused by a third party. This type of law is part of personal injury laws. It seeks to determine the responsible party for damages, including medical costs and repair costs and the cost of suffering and pain, loss of wages as well as other financial losses. The general rule is that any driver who is in violation of the rules of driving, which differ by state and results in an accident that causes harm to other people could be held accountable for financial compensation. This is especially true when the driver who caused the accident was injured or killed. In auto accident attorney tallahassee , the plaintiff has to show that the defendant had the duty of care towards the victim but did not meet it. This breach of duty caused the victim to suffer losses. In certain states, such as New York, the legal theory of comparative negligence is employed to determine the fault of an accident. In addition to the need to prove a driver's breach of duty, it is crucial to establish the circumstances that led to the crash. A thorough record of the accident scene including a map, photos, and contact information for witnesses, can help an attorney build a strong case of liability. It is important to keep in mind that one should not admit guilt to the other driver or their insurance company and they should not sign anything an insurer or a third party gives unless it has been reviewed by a lawyer. Damages A car accident lawsuit is about getting financial compensation for your losses and injuries. This compensation is sometimes referred to by the term “damages”. Damages can be classified into two types: economic damages and non-economic damages. Economic damages are those that can be calculated for example, medical bills lost wages and car repair expenses. Non-economic damages can be more difficult to quantify. Non-economic losses can include pain and discomfort, loss of enjoyment of living, and loss in the consortium. For example, a serious crash can cause a victim to develop a phobia of driving, which can prevent him or her from participating in many activities he or likes. This could result in loss of income as well as enjoyment of life, so the victim could be entitled to compensation for the damage caused. A judge will take into consideration a variety of factors when calculating damages including the extent to which one driver's negligence was a factor in the accident as well as the extent to which the victim's negligence contributed to their losses. A judge will also take into account the impact of other factors, including the weather conditions. For instance, inclement weather conditions can create dangerous road conditions that increase the chance of accidents. Weather conditions that are unseasonably bad can render drivers accountable for injuries or property damage if they do not follow traffic laws. Another factor is vicarious responsibility, a legal theory that apportions blame for an accident on someone who was not directly involved in the incident but who was held accountable to behave with care towards others. Statute of Limitations In most cases, you only have a certain amount of time to file a lawsuit following the incident. This time frame is known as the statute of limitations. If you fail to meet this deadline your right to pursue a negligent driver to recover your injuries and losses will be lost. The statute of limitations was established to ensure that legal proceedings are completed within a reasonable amount of time. The longer a situation continues longer, the more difficult it is to determine what happened and who caused the damage. Witnesses may forget the event and evidence from the scene could disappear or be damaged. Thus, it is a the best public policy to insist that lawsuits be filed within a reasonable amount of time after an incident. There are some exceptions to the Statute of Limitations. For example the statute of limitations is typically suspended (or suspended) in cases where the plaintiff was minor at the time of the accident. The statute of limitations will then start to run again after the victim reaches 18 or is married. However the statute of limitations might be shortened in certain situations, like when the accident involves municipal employees or a public official. A lawyer for car accidents can tell you if any of these exceptions apply to your particular case. Filing an action The formal process for car accident law begins when a plaintiff files civil complaints against another person, entity or government agency (the “defendant”) asserting that the defendant acted negligently or irresponsibly when it comes to an incident that resulted in injuries or damages to others. Each party is entitled to a fair trial and due procedure, including a full and complete opportunity to submit evidence in support of their claims. After the discovery period has passed, the defendant is required to file a document known as an answer. In the document, they have to acknowledge or deny all allegations made in the plaintiff's complaint. They also provide any legal defenses to the claim. In a trial the plaintiff is required to present their case through oral testimony, as well as documents and exhibits. They can cross-examine witnesses in favor of the defendant. During the trial the jury or judge listens to all of the evidence and then takes a decision. Settlements for car accidents often contain economic damages, such as medical expenses as well as lost income, property damage and pain and suffering. If the amount of these expenses is greater than the insurance's no fault coverage or the loved ones of the victim have been killed in a crash, the victims could be entitled to additional compensation through filing a lawsuit against the parties who were at fault. A seasoned lawyer for car accidents can assist in negotiating a fair settlement or taking the defendant to trial. Most car accident attorneys operate on a contingency basis, meaning that they don't charge per hour but rather a percentage of any settlement or verdict given to their client.