mccook auto accident lawyer Accident Legal Matters

Contact a seasoned attorney immediately If you've suffered injuries in a car accident. Your lawyer can help you to understand your rights and receive the compensation you deserve.

All drivers are required to abide by traffic laws. If they violate that duty and cause harm, they are liable.

Damages

In general there are two types of damages that can result from an accident. The first type known as special damages, have an amount that can be easily determined. Special damages are medical bills as well as lost wages and vehicle repairs. The second type, referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.

To be able to claim compensation for non-economic losses, it is essential to to prove that the injuries sustained were serious enough to warrant such an award. This is a challenging task and the victim must be represented by a lawyer.

Loss of enjoyment is among the most commonly reported non-economic losses. Generally, this entails an amount in dollars that represents the reduced quality of life because of injury caused by an accident. It also can result in the inability of participating in certain activities, such as driving, which were once enjoyable.

In a few cases victims may pursue punitive damages. These damages are intended to penalize the defendant and discourage any further actions that are equally egregious. Damages for punitive purposes are not available in every case, and a successful claim is based on the evidence that proves the defendant was acting with conscious disregard for other people's safety.

Liability

If you suffer injuries in an Norwalk Auto Accident Law Firm accident, the person responsible for the injuries you sustained is responsible to pay you. This includes reimbursement for medical expenses as well as property damage, lost income, and non-economic damages, such as pain and discomfort. In the majority of cases, the driver that caused the accident will be the one responsible. However, it is not unusual for both drivers to share some responsibility. Some states follow what is called comparative negligence laws. In these, jurors determine the percentage of fault each driver is responsible for and adjust the damage award accordingly.

It is important that you prove to the satisfaction of an insurance company or jury or judge what happened. This is known as the burden of proof. The burden falls on the person making the claim - the plaintiff - and demands that you provide the evidence that demonstrates how your crash happened.

A government entity could also be held responsible for an accident. This could happen when a road is not maintained properly or designed and contributes to an accident. These are also known as roadway defect cases. Sometimes, the manufacturers are accountable in these types of claims too. They could be held accountable for defects such as brakes, tires and mechanical failure.

At-fault driver citations

A police officer is often able to determine who caused an incident by looking at the scene of the accident and interviewing witnesses. They could issue an order if they believe that a motorist violated traffic rules. Insurance companies may also review police reports to identify the source of the fault.

It is natural for drivers to point fingers at one another after an accident. This can be harmful. While giving the other driver the wrong impression, it could result in an admission of guilt that can be used against you in court.

In most car accidents there are at least two parties sharing a portion of blame. Most states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of blame. An insurance adjuster can sometimes apply a traffic citation to increase the percentage of responsibility for the accident, which could limit their compensation for their injuries.

The fact that someone is mentioned in a vehicle crash could be proof that they are responsible for the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on the circumstances of your case, you may require additional types of evidence to prove that the negligence of another driver caused you harm. You will need witness testimony, evidence at the scene of the accident and medical documents to show your injuries.

Police reports

If law enforcement officers are at a car accident scene, they will fill out an official police report. These reports contain both facts and opinions noted by the officers on the scene at the time of the accident. This is a crucial document to be included in any claim for auto accidents. Insurance companies will also look over the report to determine the fault and amount of compensation.

Based on the jurisdiction, police reports may or may not be admissible in court. The police report contains statements of people who haven't been legally sworn as witnesses. To allow these statements to be considered as evidence in a legal case they must fall within one of the exceptions to hearsay law.

A typical report from a police officer includes information about the car, driver and the victims involved in the crash, in addition to an account of the accident and any evidence found at the scene. A majority of police reports also include the officer's views on how the crash happened and who is the most to blame.

Even if you don't feel injured, it's beneficial to file a police accident claim, even if the accident seems to be minor. Some injuries don't show up right away and having evidence can help in helping you get the money you deserve for your medical expenses.