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What Is Auto Accident Law? If you're injured as a result of an auto accident, you may be entitled to compensation for your injuries. Medical bills, lost wages, and other foreseeable costs could be included in damages. They can also include non-economic damages, such as suffering and pain. Some states have no-fault insurance laws. Other states use the concept of comparative negligence to determine responsibility and awarding damages. An experienced attorney can assist you with the process. Liability A car accident lawyer is needed when a person experiences injuries or property damage as a result of a collision caused by a third party. This type of law, which is a part of personal injury law, seeks determine who is responsible for the damages incurred, including medical bills and repair costs, pain and suffering, lost wages and other financial damages. The general rule is that any driver who breaks the laws of driving, which are different for each jurisdiction, and causes an accident that damages other people could be held accountable for financial compensation. This is especially true when the driver who caused the accident has been injured or killed. In general, the plaintiff must prove that the defendant had an obligation of care to the victim but did not meet it. This breach of duty caused the victim to suffer losses. In certain states, such as New York, the legal theory of comparative negligence is employed to determine the fault of an accident. In addition to the proof of a driver's lapse in duty, it is also crucial to establish the circumstances that caused the crash. The possession of detailed information regarding the scene of the accident such as a sketch or photos, as well as contact information for witnesses will help an attorney make a convincing case for legal liability. It is vital to not admit fault to either the other driver or to their insurance company. You should also never sign anything provided by an insurance company or any other third party unless you've had it reviewed by an attorney. Damages A car accident lawsuit is all about securing financial compensation for your injuries and losses. This compensation is sometimes referred to by the term “damages”. Damages can be divided into two types: economic damages and non-economic damages. Economic damages encompass expenses that can be calculated like medical bills, lost wages as well as car repair costs. Non-economic damages are more difficult to quantify. auto accident attorney syracuse can include suffering and pain as well as loss of enjoyment of life, and loss of consortium. For instance, a serious accident can cause a driver to develop a fear of driving that prevents them from participating in many activities he or likes. This could result in an income loss or enjoyment of life. A victim could be entitled to compensation. A judge will consider various aspects when calculating damages including the extent to which a driver's negligence was a factor in the accident as well as the extent to which the victim's own negligence caused the losses. A judge will also consider other factors, including the weather conditions. In the event of bad weather like rain, for instance, can create dangerous road conditions that increase the chance of an accident. Inclement weather can make a driver accountable for injuries or property damage if they do not follow traffic laws. Another factor is vicarious liability, a legal doctrine that assigns blame for an accident to a person who was not directly involved in the accident but who had a responsibility to behave with care towards others. Statute of limitations In most instances, you have an incredibly short time to file a lawsuit after the incident. This time limit is called the statute of limitation. If you fail to meet this deadline, your right to claim a negligent driver for your losses and injuries will be lost. The statute of limitations exists to ensure that legal proceedings are examined within a reasonable amount of time. The longer an incident goes on, the more difficult it is to figure out what transpired and who was accountable for the damages. Witnesses might forget about the incident and evidence may disappear or be damaged. It is therefore a good public policy to insist that lawsuits are filed within a reasonable time period after an incident. There are a few exceptions to the statute of limitations. For example the statute of limitations is typically extended (or suspended) in cases where the plaintiff was minor at the incident. The time limit will start to run again after the victim turns 18 or gets married. However the statute of limitations might also be shortened in some situations, like when the accident involves a municipal employee or another public official. An experienced lawyer for car accidents will advise you on whether any of these exceptions apply to your case. Filing an action The formal process of car accident law begins when the plaintiff files civil claims against a person, entity or government agency (the “defendant”) alleging that the defendant acted negligently or irresponsibly with respect to an accident that caused injuries or damages for others. Each party is entitled to a fair and impartial trial, including the chance to present all evidence to back their claims. After the discovery period, the defendant has to make an answer where they deny or admit each claim in the plaintiff's lawsuit. They also identify any legal defences to the claim. The plaintiff will present their case during trial using oral testimony, evidence and documents. They can cross-examine witnesses in favor of the defendant. During the trial, the judge or jury is able to listen to all evidence before making a decision. Settlements from car accidents usually comprise economic damages such as medical expenses, lost income, property damage and pain and suffering. If these costs exceed no-fault insurance coverage or if the loved ones was killed in a crash, victims may be entitled to additional compensation via an action against the at-fault party. An experienced car accident attorney can help you negotiate a fair settlement, or even take the defendant to court. Most car accident attorneys operate on a contingency fee basis, meaning that they don't charge hourly, but rather take a portion of any settlement or verdict that is awarded to their client.