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What Is Auto Accident Law? If you are injured as a result of a car accident you may be entitled to compensation. Damages could include medical expenses or lost wages, among other calculable expenses. Damages can also include noneconomic damage, such as discomfort and pain. auto accident attorney phoenix have no-fault insurance laws. Others use comparative negligence in determining responsibility and awarding damages. An experienced lawyer can guide you through the procedure. Liability A lawyer for car accidents is needed if a person suffers injuries or property damage as a result of a collision caused by another party. This kind of law which is a part of personal injury law, seeks determine who is responsible for the losses incurred such as medical bills, repair costs in addition to pain and suffering lost wages as well as other financial damages. General rule: Any driver who violates driving rules that vary from jurisdiction to jurisdiction or region, and causes a collision that causes harm to others, could be held responsible for financial compensation. This is particularly true if the other driver was injured or killed. In general, the plaintiff must establish that the defendant was under a duty of care to the victim and failed to meet it. The breach of duty caused the victim to suffer losses. In certain states, such as New York, the theory of comparative fault is utilized to assign blame in an accident. It is important to establish all the details that led up to the accident, as well as proving the driver's breach. The possession of detailed information regarding the accident scene such as a sketch as well as photos and contact information for witnesses, can help an attorney to establish a strong case for responsibility. It is important that you do not acknowledge fault to either the other driver or their insurance company. It is also important to not sign anything provided by an insurer or a third party unless you've had it reviewed by an attorney. Damages In a lawsuit involving a car accident, the goal is to seek financial compensation for your losses or injuries. This kind of compensation is sometimes called “damages”. Damages can be divided into two types: economic damages and non-economic damages. Economic damages can include measurable expenses such as medical bills loss of wages, repairs to cars. Non-economic damages are more difficult to quantify. They can 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 become so extreme that it hinders them from participating in the many activities they enjoy. This could lead to a loss of income or enjoyment of life. A victim may be entitled to compensation. When calculating damages, a judge will consider various factors. This includes the extent to which the negligent conduct of one driver contributed to the accident, as well as the degree to which the victim's negligence was a factor in their loss. A judge will also take into account the role of other factors, such as weather conditions. For instance, inclement weather conditions can lead to unsafe road conditions that increase the risk of accidents. A driver who violates traffic laws due to bad weather could be held accountable for any injuries or property damage resulting from. Vicarious liability is another aspect. This legal theory places the responsibility for an accident to the person who wasn't directly involved, but who had the obligation to exercise care towards other people. Statute of Limitations In the majority of instances there is a certain amount of time after an accident to start a lawsuit. This time limit is called the statute of limitations. If you do not adhere to this deadline, you lose the right to sue the negligent driver for your losses and injuries. The purpose of the statute of limitations is to ensure that legal matters can be handled in a reasonable amount of time. The longer an incident goes on, the harder it becomes to determine what happened and who was accountable for the damages. In addition, witnesses might forget about the event and evidence that is physical may disappear or get damaged. It is therefore a good public policy to insist that lawsuits are filed within a reasonable time period following an incident. There are exceptions to the Statute of Limitations. The statute of limitations can be extended or suspended if the plaintiff is minor at the time that the accident occurred. The statue of limitations starts running over again after the victim becomes an adult, either through getting married or reaching the age of 18. However the statute of limitations could be shortened in certain circumstances, such as the case of an accident involving municipal employees or a public official. A lawyer who handles car accidents can tell you if any of these exceptions are applicable to your case. Filing an action The formal process in car accident law begins when a plaintiff files civil complaints against another person, entity, or government agency (the “defendant”) asserting that the defendant acted negligently, or in a reckless manner in relation to an accident that resulted in injuries or damages to others. Every party has the right to a fair and due trial, including the chance to present all evidence needed to prove their case. After the time for discovery is over the defendant is then required to file a written document known as an answer. In this document, they must acknowledge or deny all allegations made in the complaint of the plaintiff. They also identify any legal defenses to the claim. In the trial the plaintiff is required to present their case via oral testimony, as well as documents and exhibits. They can cross-examine witnesses in favor of the defendant. During the trial the judge or jury listens to all of the evidence before making the decision. Settlements for car accidents usually contain economic damages, such as medical expenses and lost income, property damage, and pain and suffering. If the costs are greater than the insurance's no-fault coverage or when a loved one lost their life in a crash, victims may be entitled additional compensation by making a claim against the parties responsible. A seasoned attorney for car accidents can assist you in negotiating an equitable settlement, or take the defendant to court. The majority of car accident lawyers work on a contingency fee basis, meaning they don't charge hourly, but rather take a portion of any settlement or verdict awarded to their client.