kings point auto accident law firm Accident Legal Matters

If you've been injured as a result of a car accident, contact an experienced attorney as soon as possible. An attorney can assist you to understand your rights and receive the compensation that you deserve.

All drivers are accountable for adhering to traffic laws. If they fail to do so and cause harm, they are accountable.

Damages

In general there are two types of damages that may result from an accident. The first type, referred to as special damages, have a specific dollar amount that is easy to calculate. Special damages can include medical bills loss of wages, repairs to vehicles. The second kind, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.

In order to receive compensation for non-economic losses, it is necessary to to demonstrate that the injuries suffered were severe enough to merit such an award. This is a difficult task and the victim should be represented by a lawyer.

Loss of enjoyment of life is one of the most common non-economic damages. Generally, this entails an amount of money that represents the diminished quality of life because of accident-related injuries. This could include the inability of the victim to perform activities that were once enjoyable, such as driving.

In rare cases victims may be able to pursue punitive damages. This type of loss is designed to penalize the defendant for an egregious violation and helps deter other people from doing the same in the future. Punitive damages may not be available in all instances. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for the safety of others.

Liability

If you are injured in a car accident the person or organization responsible for the injuries you sustained will be responsible to pay you compensation. This includes compensation for medical costs and property damages, as well as lost income, and any other non-economic damage such as pain and discomfort. In the majority of cases, the person who caused the accident will be the one responsible. However, it's not unusual for two drivers to share some blame. Certain states have laws that are called comparative negligence. In these cases, jurors determine the respective percentages of each driver and adjusts the damage amount in proportion.

It is vital to demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The plaintiff has the burden of proof. You must prove to prove that your accident took place.

A government entity could also be held accountable for an accident. This can occur when a roadway is poorly constructed or maintained and results in an accident. These types of claims are also referred to as roadway defect cases. These kinds of claims can also be brought by manufacturers. They could be held accountable for car-related defects such as brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine the cause of an accident by studying the scene of the accident and interviewing witnesse may not be admissible in court. The police report contains testimony from people who aren't officially sworn in as witnesses. To be able to be used in a legal proceeding they must fall under one of the exceptions to hearsay law.

A typical report from a police officer contains details about the driver's identity, the vehicles involved and the victims in the accident, as well as the details of what happened and any evidence discovered on the scene. Many police reports also include the officer's opinion on how the accident occurred and who is responsible for the incident.

Even if you don't feel injured, it is still beneficial to file a police accident claim even if the incident seems to be minor. Documentation is important since not all injuries are obvious immediately.