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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible in the event that you've been injured in a car accident. An attorney can assist you to understand your rights and receive the compensation that you are entitled to. All drivers are accountable to obey traffic laws. They can be held accountable if they do not abide by this obligation and cause harm. Damages In general there are two distinct kinds of damages that can result from an auto accident. The first, referred to as special damages, have a specific dollar value that is easy to determine. Special damages can include medical bills as well as lost wages and vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain. In order to be compensated for non-economic losses it is necessary to prove that your injuries were serious enough to warrant an award. This is a difficult task and the injured person should be represented by an attorney. Loss of enjoyment of life is among the most commonly reported non-economic losses. It is typically a financial amount that is a reflection of a diminished quality of living due to injuries sustained in accidents. This also can result in the inability of participating in certain activities, such as driving that were once enjoyable. In a few cases, victims can claim punitive damages. This kind of compensation is intended to penalize the defendant and discourage future acts which are as indecent. Punitive damages are not available in every case, and a successful case relies on strong evidence showing that the defendant acted with a conscious disregard for other people's safety. Liability When you are injured in a car accident the person or entity responsible for your injuries will be held accountable to pay you compensation. This includes money for your medical expenses or property damage, as well as loss of income as well as non-economic damage like suffering and pain. In the majority of cases, it will be the driver that was responsible for the crash. It is not uncommon for the two drivers to share blame. Some states have laws called comparative negligence. jurors determine each driver's percentage and adjusts the damage award accordingly. It is essential to prove what happened to an insurance company, or to a jury or judge. This is referred to as the burden of evidence. The burden falls on the party making the claim – the plaintiff and it requires you to show the evidence that demonstrates how your accident occurred. A government agency can also be held accountable for an accident. This can occur when a highway is not maintained or constructed properly, and this contributes towards an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are accountable in these kinds of claims as well. They could be held accountable for defects such as brakes, tires, and mechanical failures. At-fault driver citations An officer will usually determine who caused an incident by looking at the scene of the accident and interviewing witnesses. They may write an accusation if they believe a driver violated traffic laws. Insurance companies could also use police reports to determine the fault. Following an accident, it is normal for drivers to point fingers at each other. This can be harmful. This could not only give the driver in front of you a bad impression but could also result in you committing a crime in the 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 claimant to seek compensation for damages minus their portion of the fault. Insurance adjusters can use a traffic citation to increase a claimant's share of fault in the accident, which could reduce their potential payment for injuries. The fact that someone is cited after a car accident may be strong evidence that they were the cause of the crash. It's not a guarantee that a personal injury case will be successful. Based on the circumstances of your case you may require other forms of evidence to prove the negligence of another driver caused harm to you. This includes witness testimony, evidence from the scene of the accident as well as medical records detailing your injuries. Police reports When law enforcement officers visit the scene of a car accident they will complete an official police report. The reports include both information and opinions that are compiled by officers on the scene at the time of the crash. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report to determine the cause of the accident and to pay compensation to the parties who have been injured. According to the jurisdiction, police reports can or may not be considered admissible to court. The police report includes statements that aren't sworn in as witnesses. These statements must be included in an exception to the law of hearsay in order to be used as evidence. A typical police report will include information regarding the driver, vehicles and victims involved in the crash along with an account of the incident and any evidence found at the scene. auto accident lawyer buena park include the officer's opinions on the cause of the accident and who is at fault. If you're not injured however, it is ideal to always make a police report of any incident you're involved in even if it appears minor. Not all injuries show up in a hurry and having a solid record can help in helping you claim the compensation you're entitled to for medical expenses.