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Auto Accident Legal Matters If you've been injured as a result of an automobile accident, consult an experienced attorney as quickly as you can. An attorney can explain your rights and assist you receive the compensation you need. All drivers are obliged to abide by traffic laws. They are liable if they break this duty and cause harm. Damages In general there are two types of damages that could result from a car crash. The first, known as special damages, are characterized by a clear dollar value that is easy to determine. Special damages include medical expenses as well as lost wages and vehicle repairs. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering. In order to receive compensation for losses that are not economic, it is essential to to demonstrate that the injuries suffered were serious enough to merit the compensation. This is a challenging job and the person who was injured must be represented by an attorney. One of the most frequent forms of non-economic damages is the loss of enjoyment life. auto accident attorneys plantation 's usually a financial amount that indicates a decreased quality of living due to injuries sustained in accidents. Also, it is the inability to participate in certain activities, like driving, that used to be enjoyable. In rare instances, victims may be in a position to sue for punitive damage. These damages are designed to punish the defendant and deter future acts that are just as bad. The possibility of punitive damages is not available in all cases and a successful claim depends on strong evidence showing that the defendant acted with a conscious disregard for the safety of others. Liability If you're injured in a car accident the person responsible for your injuries is responsible to compensate you. This includes reimbursement for medical expenses as well as property damage, lost income, and non-economic damages like discomfort and pain. In the majority of cases, the driver that caused the accident will be responsible. However, it is not uncommon for both drivers to share a portion of the blame. Some states have laws called comparative negligence. In these cases, the jury determines each driver's percentage and adjusts the damage amount in accordance with the percentage. It is crucial that you prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The burden falls on the person making the claim, namely the plaintiff and requires you to show the evidence that demonstrates how your accident occurred. A government institution can also be held responsible for an accident. It can happen when a road is not properly constructed or maintained and contributes to an accident. These are also referred to as road defect cases. These kinds of claims can also be brought by manufacturers. They could be accountable for defects in cars like brakes, tires and mechanical failure. At-fault driver citations An officer will usually determine the cause by looking at the scene of the accident and interviewing witnesses. They can issue a ticket if they think that a driver has violated traffic laws. Insurance companies will also review police reports to help them determine the cause of the incident. It is common for drivers to point fingers at each other following an accident. This can be harmful. It could not only leave the other driver a negative impression however, it could also cause you to admit guilt in the court. In the majority of car accidents, there are two or more people who share a percentage of responsibility. A majority of states have modified comparative-fault rules, which permit claimants to receive damages that are less than their share of fault. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. This could decrease the chance of recovering compensation for injuries. The fact that someone is cited after a car accident can be a strong proof that they caused the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on the situation additional evidence could be required to show that the other driver was negligent and caused injury to you. This could include witnesses' testimony, evidence from the site of the accident, as well as medical records detailing your injuries. Police reports If law enforcement officers are at an accident scene they will fill out an official police report. The reports contain both the details and opinions taken note of by the officers who were on the scene at the time the accident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will examine the report to determine fault and the amount of compensation for injured parties. Based on the jurisdiction of the police, reports may or may not be considered admissible to court. The police report includes statements of people who haven't been officially sworn in as witnesses. These statements have to fall under an exception to the law of hearsay in order to be used as evidence. A typical report from a police officer contains information about the driver, vehicles and the victims involved in the accident and the details of what happened and any evidence found on the scene. Many police reports also contain the officer's opinion on the circumstances of the crash and who is the most to blame. Even if there is no indication that you are injured, it's recommended to file a police accident claim, even if the accident seems to be minor. Not all injuries are apparent right away and having a thorough record can make a big difference in helping you get the amount you are due for medical expenses.