canton auto accident law firm Accident Legal Matters

If you've been injured in a car accident, contact an experienced attorney as soon as possible. Your lawyer can explain your rights and assist you get the compensation that you are entitled to.

All drivers are required to obey traffic laws. If they violate that duty and cause injury, they can be held responsible.

Damages

In general there are two kinds of damages that could result from a car accident. The first, referred to as special damages, have a specific dollar amount that is easy to determine. Special damages are medical bills, lost wages and repairs to vehicles. The second kind of damages which is referred to as non-economic damage is more difficult to quantify. These include things such as pain and suffering.

In order to be compensated for non-economic losses, you must be able prove that your injuries were severe enough to warrant this award. This is a challenging task, and the injured party must be represented by a lawyer.

One of the most prevalent kinds of non-economic damages is the loss of enjoyment life. It's usually a financial amount that is a reflection of a diminished quality of life because of injuries resulting from accidents. This includes the inability of the victim to take part in activities that were once enjoyable like driving.

In some cases victims may be able to pursue punitive damages. This kind of compensation is intended to punish the defendant and discourage future acts that are just as bad. Damages for punitive purposes are not available in all cases and a successful claim relies on evidence that shows the defendant acted with conscious disregard for the safety of others.

Liability

If you're injured in an automobile accident the person responsible for your injuries is liable to pay you. This will include money for medical expenses, property damage, loss of income, as well as other damage like pain and suffering. In the majority of cases, it will be the driver who caused the crash. However, it is not uncommon for the two drivers to share a portion of the blame. Some states apply what's known as comparative negligence laws, where the jury will decide the proportion of fault for each driver and adjust the damages awarded accordingly.

It is essential that you demonstrate what transpired to an insurance company, or to a judge and jury. This is known as the burden of proof. The burden is placed on the person making the claim, namely the plaintiff and requires you to present the evidence that demonstrates how your crash happened.

Another kind of case that can be brought is when a government agency is responsible for the accident. This could happen when a road is not properly constructed or maintained and results in an accident. These are also known as road defect cases. These types of claims may also be brought by manufacturers. They could be held liable for defects such as brakes, tires and mechanical failures.

At-fault driver citations

Often, an officer can determine who caused the accident by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver has broken traffic laws, they may issue a ticket. Insurance companies may take a look at police reports to help determine the cause of the incident.

After an accident, it's normal for drivers to point fingers at each other. This can be detrimental. Besides giving the other driver the wrong impression, it could lead to an admission of guilt that could be used against you in court.

In the majority of car accidents, there are usually two or more parties sharing a portion of fault. Most states have modified comparative-fault rules that allow claimants to recover damages less their percentage of blame. Insurance adjusters can apply a traffic citation to increase a claimant's percentage of blame for the accident which can reduce their payout for their injuries.

The fact that a person is mentioned in a vehicle crash can be strong evidence that they are responsible for the accident. It is not any guarantee that a personal injury lawsuit will be successful. Depending on the circumstances of your case, you may require other forms of evidence to show that another driver was negligent and caused harm to you. This could include witness testimony, evidence at the scene of the accident and medical records detailing your injuries.

Police reports

If law enforcement officers are at a car accident scene they fill out an official police report. These reports include both the facts and opinions that were observed by the officers on the scene when the accident occurred. It is an essential document for any Kosciusko Auto Accident Attorney accident claims. Insurance companies will also review the report for fault and compensation.

According to the jurisdiction, police reports can or may not be considered admissible in court. The main reason is because the police report contains statements from people who aren't sworn witnesses in court. These statements must fall under an exception to the law of hearsay to be used as evidence.

A typical report from a police officer contains information about the driver, the vehicles involved and the victims in the crash and an account of the incident and any evidence found at the scene. A majority of police reports contain the officer's opinion about the reason for the accident and who's at fault.

If you are not hurt however, it is the best option to always complete a police investigation for any accident you're involved in even if the incident appears minor. Documentation is important since not all injuries are obvious immediately.

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