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What Is Auto Accident Law? If you're injured in an automobile accident you could be entitled to compensation for your injuries. Damages can include medical bills, lost wages and other calculable expenses. They may also cover non-economic damages like suffering and pain. Some states have no-fault insurance laws. Others rely on the concept of comparative negligence when determining liability and awarding damages. An experienced lawyer can guide you through the procedure. Liability If someone suffers injuries or property damage in the aftermath of an accident that was caused by another person, a lawyer will be needed. This type of law, that falls under personal injury law, aims to determine who is responsible for the losses suffered such as medical bills, repair costs, pain and suffering, lost wages and other financial losses. General rule: any driver who is in violation of the driving laws that differ from jurisdiction to jurisdiction, and causes a crash that inflicts harm on others could be held responsible for monetary compensation. This is especially true when the other driver was injured or killed. Generally speaking, the plaintiff in a car crash case will have to establish that the defendant owed him or her a duty to exercise reasonable care, and did not do so and that the breach of duty directly caused the victim's losses. In certain states, such as New York, the theory of comparative fault is used to determine the cause of an accident. It is essential to establish all the facts that led up to the accident, as well as proving the driver's lapse. auto accident attorney temecula of detailed information regarding the accident scene, such as a diagram, photos, and contact information for witnesses can help an attorney establish a strong case for legal liability. It is essential to not admit blame to the other driver or to their insurance company. Don't sign anything provided by an insurance company or any other third party until you have been reviewed by an attorney. Damages In a car accident lawsuit the goal is to seek financial compensation for your losses or injuries. The compensation is often called “damages.” Damages are generally categorized into two categories: economic damages and non-economic damages. Economic damages encompass measurable costs such as medical bills, lost wages and repairs to cars. 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. For instance, a severe crash could cause someone to develop a fear of driving, which can prevent them from participating in many activities he or enjoys. This could lead to losing income or enjoyment of life. A victim may be entitled to compensation. A judge will consider a variety of factors when calculating damages including the extent to which one driver's negligence led to the accident and the extent to which the victim's negligence caused the losses. A judge will also take into account other factors, such as the weather conditions. For instance, weather conditions can cause dangerous road conditions, which increase the risk of accidents. A driver who violates traffic laws due to bad weather could be held accountable for any injuries or property damage resulting from. Another reason to consider vicarious liability, a legal principle which assigns the blame for an accident to someone who was not directly involved in the accident but was obligated to act with care toward other people. Statute of limitations In the majority of cases, you only have an incredibly short time to file a lawsuit following the accident. This time limit is known as the statute of limitations. If you do not meet the deadline, you will lose the right to bring a lawsuit against the negligent driver to recover your losses and injuries. The statute of limitations is in place to ensure that legal proceedings are investigated within a reasonable amount of time. The longer an incident continues longer, the more difficult it is to pinpoint what occurred and who caused the damage. People who witnessed the incident may forget about it and evidence from the scene could disappear or be damaged. It is therefore a good public policy to ensure that lawsuits are filed within a reasonable time period after an incident. There are some exceptions to the statute of limitations. The statute of limitations can be tolled or suspended in cases where the plaintiff was a minor when the accident occurred. The statute of limitations is set to start over again after the victim becomes an adult – either by getting married or achieving their 18th birthday. The statute of limitations may be extended in certain situations, for instance, when an accident involves municipal employees or other public officials. A car accident lawyer will inform you if one of these exceptions apply to your particular case. Filing a Lawsuit The formal procedure of a lawsuit in the field of car accident law starts when the plaintiff files a civil complaint against a person, entity or government agency (the defendant) in which they claim that they acted recklessly or in a negligent manner with an accident that caused injuries or damage to others. Every party has the right to a fair, impartial trial, including the opportunity to present all evidence needed to back their claims. After the discovery period, the defendant must prepare an answer in which they either deny or admit to each claim in the plaintiff's complaint. They also list any legal defenses to the claim. The plaintiff will argue their case at trial via oral testimony, evidence and documents. They may cross-examine witnesses on behalf of the defendant. During an investigation juror or judge will be able to hear all evidence before making a decision. Settlements for car accidents typically include financial damages such as medical expenses and lost wages, as well as property damage and suffering and pain. 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, victims could be entitled to additional compensation by filing a lawsuit against those who were at fault. A seasoned attorney for car accidents can assist you in negotiating a fair settlement, or bring the defendant to court. The majority of car accident lawyers are paid on a contingency basis, which means that they do not charge hourly but rather take a portion of any settlement or verdict given to their client.