7 Simple Tips For Rocking Your Auto Accident Attorney
Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as soon as you can. auto accident lawsuit chicago can assist you understand your rights and get the compensation that you deserve.
All drivers have a duty to observe traffic laws. They are held accountable if violate this duty and cause harm.
Damages
In general there are two types of damages that can result from an automobile accident. The first type of damages called special damages, have a value in dollars that is easily determined. Special damages are medical bills or lost wages, as well as vehicle repairs. The second kind of damage, referred to as non-economic damages, is more difficult to quantify. These include things like suffering and pain.
To be able to claim compensation for non-economic losses, it is necessary to be able to demonstrate that the injuries suffered were severe enough to merit the amount. This is a challenging task and the injured party should be represented by an attorney.
Loss of enjoyment is one of the most common non-economic damages. This is usually a monetary amount that reflects a reduced quality of living due to injuries caused by accidents. This can include the inability of the victim to engage in activities that were once enjoyable, such as driving.
In some cases victims may be able to sue for punitive damages. This type of loss is intended to punish the defendant for a particularly indecent act and also to discourage others from similar acts in the future. Punitive damages are not available in all instances. A successful claim will require strong evidence that the defendant acted with conscious disregard for others' safety.
Liability
If you suffer injuries in an automobile accident, the person responsible for your injuries is accountable to pay you. This includes money for your medical expenses, property damage, loss of income, as well as other damages such as pain and suffering. In the majority of cases, it will be the driver that caused the crash. It is not uncommon for two drivers to share the blame. Certain states have laws that are called comparative negligence, where the jury determines the proportion of each driver's share and adjusts the damages awarded in proportion.
It is important that you demonstrate to the satisfaction of an insurance company or juror or judge that the incident occurred. This is known as the burden of evidence. The plaintiff bears the burden of proof. You have to provide evidence to prove that your accident happened.
A government entity can be liable for an accident. This could occur when a highway is poorly maintained or designed, and this contributes towards an accident. These types of claims are also known as roadway defect cases. These types of claims may also be brought by manufacturers. They may be responsible for car defects such as brakes, tires and mechanical failure.
At-fault driver citations
An officer can often determine the cause of an incident by analyzing the accident scene and interviewing witnesses. They could issue an order if they believe that a motorist violated traffic rules. Insurance companies also review police reports to help identify the source of the fault.
It is normal for drivers to blame each other following an accident. But, this can be detrimental. In addition to giving the driver a negative impression it could lead to an admission of guilt, which could be used against you in court.
In most car accidents there are two or more parties that share a certain amount of responsibility. This is why many states adhere to modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the percentage of fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that someone is mentioned in a vehicle crash could be proof that they caused the crash. It is not any guarantee that a personal injury claim will be successful. Based on the circumstances of your case you may require other types of evidence to show that the negligence of another driver caused harm to you. Witness testimony, evidence from the scene of the accident, and medical records to show your injuries.
Police reports
When law enforcement officers attend a car accident scene they will fill out an official police report. The reports will contain both facts and opinions noted by the officers on the scene at the time the accident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will scrutinize the report as well to help determine fault and the amount of compensation for the injured parties.
Based on the jurisdiction of the police, reports could be accepted in court. The police report includes statements from people who aren't sworn in as witnesses. These statements have to fall under an exception to the hearsay law to be admissible as evidence.
A typical police report will include information regarding the driver, vehicles and the people involved in the crash as well as the details of what happened and any evidence found on the scene. Many police reports include the officer's opinions on the reason for the accident and who's at fault.
Even if you're not injured, it's the best option to file a police accident claim even if the incident seems minor. Documentation is important since there aren't all injuries visible immediately.