Auto Accident Attorney: A Simple Definition
Auto Accident Legal Matters
Contact an experienced attorney right away if you have been injured in a car crash. Your lawyer can assist you understand your rights and get the compensation that you deserve.
All drivers are required to follow traffic laws. If auto accident attorney portsmouth do not comply with this duty and cause harm, they are held accountable.
Damages
Generally speaking there are two types of damages that could result from a car accident. The first type of damage known as special damages, have an amount that can be easily calculated. Special damages include medical expenses, lost wages and vehicle repairs. The second type of damage, referred to as non-economic damages, is more difficult to quantify. They include things like pain and suffering.
To receive compensation for noneconomic losses it is necessary to prove that your injuries were serious enough to warrant this award. This is a difficult task, and the person who has suffered must be represented by an attorney.
One of the most common kinds of non-economic damage is the loss of enjoyment in life. It is typically a financial amount that reflects a reduced quality of living due to injuries caused by accidents. This includes the inability for the victim to perform activities that were once enjoyable like driving.
In a few cases, victims can pursue punitive damages. This type of damages is intended to punish the defendant and deter future acts that are just as bad. Punitive damages are not available in all circumstances. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others.
Liability
If you suffer injuries in an accident involving a vehicle, the person responsible for your injuries is responsible to compensate you. This includes money for medical expenses, property damage, loss of income, and other non-economic injuries like pain and suffering. In the majority of instances, the driver who caused the crash will be accountable. It is not uncommon for the two drivers to share responsibility. Some states have laws that are called comparative negligence. the jury decides on each driver's percentage and adjusts the damages awarded accordingly.
It is vital to demonstrate what transpired to an insurance company or to a jury or judge. The burden of evidence is what we call it. The plaintiff is the one who bears the burden of proving. You must provide evidence to prove that the incident happened.
A government entity could also be held responsible for an accident. This could occur when a roadway is not maintained properly or designed and causes an accident. These kinds of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They may be liable for car-related defects such as tires, brakes and mechanical failure.
At-fault driver citations
Usually, a police officer can determine the cause of an accident by studying the crash scene and interviewing witnesses. They can issue tickets if they believe that a driver has violated traffic laws. Insurance companies take a look at police reports to determine who is at fault.
After an accident, it's normal for drivers to stare at each other. This can be detrimental. Apart from giving the other driver a negative impression, it could result in an admission of guilt, which could be used against you in court.
In the majority of car accidents, there are usually two or more people who share a percentage of blame. The majority of states have modified comparative fault rules, which permit claimants to receive damages that are less than their percentage of fault. An insurance adjuster may apply a traffic citation to increase a claimant's percentage responsibility for the accident, which may reduce their payout for their injuries.
The fact that a person is mentioned in a car accident could be evidence that they caused the accident. However, it is not an assurance of the outcome of an injury lawsuit. Depending on the circumstances of your case you may need other types of evidence to prove that an other driver was negligent and caused harm to you. Witness testimony, evidence from the scene of an accident and medical records to prove your injuries.
Police reports
When police officers arrive at a car accident site and are asked to fill out an official report. The reports contain both the details and opinions recorded by the officers at the scene at the time the incident occurred. It is an essential document for any auto accident claim. Insurance companies will review the report to determine the fault and compensate the injured parties.
Depending on the location, police reports are acceptable or not admissible in court. The main reason is because the police report contains statements by people who are not sworn witnesses in court. In order for these statements to be used in a legal matter they must fall within one of the exemptions to hearsay law.
A typical report from a police officer contains details regarding the driver, vehicles and the victims involved in the accident and a description of what happened and any evidence found at the scene. Many police reports also contain the officer's views on how the crash happened and who is to blame.
If you're not injured, it is in your best interest to always file a police report for any accident you're involved in even if it seems to be a minor. Some injuries don't show up right away and having evidence can be a huge help in helping you win the money you deserve for your medical expenses.