What Is Auto Accident Law?
If you're injured in an accident in the car, you could be entitled for compensation. Damages could include medical expenses or lost wages, among other expenses that are measurable. They may also include non-economic damages such as suffering and pain.
Some states have no-fault insurance laws. Others use comparative negligence in determining responsibility and awarding damages. A knowledgeable attorney can guide you through the procedure.
auto accident attorney aurora is required when a person suffers injuries or property damage as a result of a collision caused by another party. This type of law is a part of personal injury laws and seeks to determine who is responsible for losses, including repair and medical expenses and the loss of wages as well as other financial losses.
The general rule is that any driver who violates the laws of driving that vary according to the jurisdiction and leads to an accident that damages others may be liable for monetary compensation. This is especially true if the driver who caused the accident was injured or killed.
Generally speaking, the plaintiff in a car accident case will have to demonstrate that the defendant was owed by him or the plaintiff a duty to exercise reasonable care and did not, and that this breach of duty directly contributed to the victim's losses. In some states, like New York, the theory of comparative fault can be used to determine the cause of an accident.
It is vital to prove all the facts that led to the accident, in addition to proving the driver's breach. A lawyer can build a strong liability case by having detailed information about the site of the accident, such as photos, a diagram and the contact information of witnesses. It is important to note that an individual should not admit guilt to the other driver or their insurance company, and they should not accept anything that an insurance company or a third-party provides unless it is reviewed by a lawyer.
Damages
A car accident lawsuit is all about securing financial compensation for your losses and injuries. This type of compensation is often referred to by the term "damages". Damages can be classified into two categories, economic damages and noneconomic damages. Economic damages encompass expenses which 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 pain and suffering, loss of enjoyment of life, and loss of consortium.
A serious accident could result in a victim's fear of driving to become so severe it makes them unable to participate in many of the activities they enjoy. This can result in a loss of income or enjoyment of life. A victim could be entitled to compensation.
In calculating damages, the judge will take into account several factors. These include the extent to what the negligence of a driver contributed to the accident and the degree of the victim's negligence contributed to their losses. A judge will also consider the impact of other factors like the weather conditions.
Weather conditions that are not ideal such as rain or snow can create dangerous road conditions that increase the risk of an accident. Unforseen weather can make the driver liable for injuries or property damage if they violate traffic laws. Vicarious liability is a different aspect. This legal concept places the blame for an accident to those who weren't directly involved, but was the duty of care for other people.
Statute of limitations
In the majority of cases there is a finite period of time following an accident to bring a lawsuit. This time frame is referred to 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 limitation exists to ensure that legal matters are investigated within a reasonable amount of time. The longer an incident goes on and the longer it takes, the more difficult is to pinpoint what occurred and who was responsible for the damage. Witnesses may also forget about the incident and physical evidence can disappear or get damaged. It is therefore a good public policy to insist that lawsuits are filed within a reasonable time period following an incident.
There are exceptions to the Statute of Limitations. For example, the statute of limitations is usually extended (or suspended) if the plaintiff was minor at the incident. The statute of limitations would start running again once the victim turns 18 or gets married.
The statute of limitations could be reduced in certain situations, for example, when an accident involves municipal employees or other public officials. A seasoned attorney in car accidents can advise whether any of the above exceptions apply to your particular case.
Filing a Lawsuit
The formal process for car accident law begins when the plaintiff files civil lawsuits against another person, organization, or government agency (the "defendant") asserting that the defendant acted negligently or irresponsibly in relation to an accident which resulted in injuries or damages to others. Each party is entitled to a fair and due trial, which includes the right to present all evidence needed to prove their case.
After the time for discovery has expired the defendant is then required to file a document, referred to as an answer. In the document, they have to admit or deny any claim made in the complaint of the plaintiff. They also identify any legal defenses to the claim.
At trial the plaintiff argues their case in the form of oral testimony, as well as documents and exhibits. They may cross-examine witnesses for the defendant. During the trial, the judge or jury examines all evidence before coming to the decision.
Settlements from car accidents usually comprise economic damages such as medical expenses loss of income, property damage and pain and suffering. If the costs are greater than the insurance's no fault coverage or if a loved one has died in a crash then victims may be entitled additional compensation by filing a lawsuit against the party who were at fault. A seasoned attorney for car accidents can assist you in negotiating an equitable settlement, or take the defendant to court. Most car accident attorneys are paid on a contingency basis, which means they do not charge per hour, but rather take a portion of any settlement or verdict awarded to their client.