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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 are measurable. Damages could also include non-economic damage, such as pain and discomfort. Certain states have no-fault insurance laws. Others use the concept of comparative negligence for determining responsibility and awarding damages. An experienced attorney can help you through the procedure. Liability A lawyer for car accidents is required when a person suffers injuries or property damage resulting from a collision caused by a third party. This kind of law falls under personal injury laws. They seek to determine the responsible party for the losses, which includes repair and medical expenses as well as the cost of suffering and pain, loss of wages and other financial losses. The general rule is that any driver who violates the rules of driving, that vary according to the jurisdiction and can result in an accident that causes harm to other motorists could be to be liable for financial compensation. This is particularly true if the other driver was injured or killed. Generally, the plaintiff in a car crash case will have to show that the defendant owed him or the victim a duty of reasonable care, and did not do so, and that this breach of duty directly contributed to the victim's losses. In some states like New York, the theory of comparative fault is used to assign blame in an accident. In addition to proving a driver's breach of obligation, it's important to establish the facts that led to the crash. The possession of detailed information regarding the scene of the accident, such as a diagram or photos, as well as contact information for witnesses will help an attorney make a convincing case for liability. It is crucial to not admit fault to either the other driver or their insurance company. You should also never accept any information provided by an insurance company or a third party until you have been vetted by an attorney. Damages In a lawsuit involving a car accident the aim is to seek financial compensation for your losses or injuries. The compensation is often referred to as “damages.” Damages are generally classified into two categories which are: economic damages and non-economic damages. Economic damages can include measurable expenses like medical bills, lost wages and repair costs for cars. Non-economic damages can be more difficult to quantify. They may include suffering and pain and loss of enjoyment life and loss of consortium. A serious accident may result in a victim's fear of driving to be so severe that it makes them unable to participate in many of the activities they enjoy. auto accident attorney costa mesa can result in loss of income as well as enjoyment of life, and a victim might be entitled to compensation for the damage caused. A judge will consider a variety of aspects when calculating damages including the extent to which one driver's negligence led to the accident as well as the extent to which the victim's negligence contributed to his or her losses. The judge will also look at other factors like weather conditions. Weather conditions that are not ideal such as rain or snow can lead to unsafe road conditions that increase the risk of an accident. A driver who violates traffic laws because of inclement weather may be liable for any injuries or property damage resulting from. Another aspect is vicarious liability, a legal doctrine that apportions blame for an accident on someone who was not directly involved in the accident but had a duty to behave with care towards other people. Statute of Limitations In the majority of cases, there is a limited amount of time after an accident to start a lawsuit. This time frame is known as the statute of limitations. If you do not meet this deadline, your right to sue a negligent driver for your losses and injuries will be lost. The intent behind the statute of limitations is to make sure that legal cases are handled in a reasonable amount of time. The longer an incident lasts longer, the more difficult it is to determine what occurred and who caused the harm. Additionally, witnesses may forget about the event and evidence from the scene can vanish or get damaged. It is therefore a good public policy to make sure that lawsuits are filed within a reasonable time period after an incident. There are exceptions to the Statute of Limitations. The statute of limitations could be extended or suspended if the plaintiff is a minor when the accident occurred. The statue of limitations starts running over again after the victim becomes an adult – either by getting married or reaching their 18th birthday. The statute of limitation may be reduced under certain circumstances, for instance, when an incident involves municipal employees or other public officials. A lawyer for car accidents can inform you if 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 a plaintiff files a civil lawsuit against a person, entity or government agency (the defendant) asserting that they acted recklessly or negligently in connection with an accident that resulted into injuries or damage to others. Every party has the right to a fair, impartial trial, including the chance to present all evidence to back their claims. After the time for discovery has expired, the defendant is required to file a document, referred to as an answer. In this document, they must admit or deny every allegation made in the complaint of the plaintiff. They also provide any legal defenses to the claim. The plaintiff will present their case in court through oral testimony, exhibits and documents. They have a right to cross-examine witnesses for the defendant. During a trial, a judge or jury will hear all evidence before deciding. Settlements for car accidents typically contain economic damages, such as medical expenses, lost income, property damage, and pain and suffering. If the costs are greater than the insurance's no-fault protection or when a loved one been killed in a crash, victims may be entitled additional compensation through filing a lawsuit against the party at fault. An experienced car accident attorney can assist you in negotiating an equitable settlement, or bring the defendant to court. Most lawyers for car accidents operate on a contingent-fee basis. This means that they don't charge an hourly rate but instead take an amount of the settlement or verdict awarded to their client.