Unexpected and often sudden events that occur without intent or conscious thought, though sometimes due to negligence, ignorance, or unawareness.
Accident lawyers can look over your medical records, question witnesses and experts like life-care planners to understand how the injury will affect your future. They have a lot of experience dealing with insurance adjusters and know how to negotiate an acceptable settlement.
Negligence
In legal terms, negligence is a tort. Torts are civil wrongful acts that are in a different category than criminal crimes. Negligence cases involve a defendant's failure to exercise a reasonable amount of care and prudence in their actions or actions. This can lead to accidental injury or harm to someone else. Negligence can be a significant reason for accidents and injuries. This includes car accidents or slip and fall accidents in restaurants, workplaces or private residences, and medical negligence (when doctors fail to adhere to the standards of care).
A claim for negligence is based on four key elements that include breach of duty, causation, and damages. First, the defendant is expected to be obligated to show diligence to the plaintiff. This could be a responsibility to take a particular action or a duty not to perform a task under certain circumstances. In the case of a car wreck for instance the drivers are all required to be safe and obey traffic laws. The defendant has to then breach this duty in a certain way, whether it's through being reckless or negligent. This could include texting while driving, speeding or not wearing a seatbelt. This breach must have directly caused the victim's injury. A defendant can't be liable for a recurrence if it was caused by a different reason, like the victim being upset or nervous or a natural catastrophe that was outside their control.
Once the court has determined that the defendant was liable to the plaintiff the next step would be to prove that he breached the duty by failing to act or by acting in a way in contradiction to the duty. It could be an act or the omission. The court must also decide that the breach of duty directly led to the victim's injury or accident claims loss. This can be proved by an evident causal link, such a close connection between the breach of duty and a direct or proximate cause like in the examples above.
In the past, American courts used to adhere to a law known as contributory negligence. This meant that a victim would not be compensated even if they were responsible for their own injuries. However, most states now employ a system known as pure comparative fault or negligence that allows victims to claim lesser amounts of compensation based on their responsibilities for the accident.
Damages
Damages are awarded in accidents legal instances to compensate victims for their losses. They can be awarded in a variety of forms and are classified into two categories: special and general damages. Special damages are tangible in nature and easy to prove, including medical bills, property damage and out-of-pocket litigation and court costs. General damages aren't quite as tangible and could include emotional suffering and pain and loss of enjoyment life, physical impairment and disfigurement.
During the investigation stage of your case, we will collect and analyse all documentation available in connection with your accident attorney. This will help us construct an accurate picture of your losses and establish the amount of damages you are entitled to receive. Our lawyers will collaborate with experts to ensure all damages are accurately estimated and calculated.
Economic damages can be demonstrated through an official paper trail and are usually simple to determine. They include medical bills, property damages, and lost wages. Our attorneys will work with experts to estimate future economic damages, like the cost of medical treatment or loss of earning potential.
Non-economic damages are difficult to quantify, as there is no clear value monetary assigned to these kinds of damages. These are the damages that are typically awarded in the event of a car accident. These include pain and discomfort and loss of enjoyment of life, emotional distress and loss of consortium. The severity of your injuries and their impact on your quality of life, will determine the degree of suffering and pain you suffer.
Loss of enjoyment refers to the inability to enjoy hobbies or recreational activities. Physical impairment and disfigurement are typically included in this category as they have a negative impact on your daily activities.
Punitive damages are rarely awarded in car accidents but can be ordered when the defendant's conduct was particularly outrageous like the case of reckless conduct or committed fraud. These kinds of damages are designed to punish the defendant, and deter others from engaging in similar behaviors.
Expert Witnesses
Expert witnesses are an essential part of an effective personal injury case. Expert witnesses are experts who didn't witness the incident however, they have expertise, training, and/or experience about the specifics of your claim they can discuss with jurors.
A car accident expert is often commissioned to provide an expert analysis of the crash, particularly if there are no eyewitnesses available. They could be asked to recreate the scene of the accident, or develop computer and physical models to show how the accident occurred. Their expertise can assist attorneys gain a better understanding of the incident, which they can use to convince insurance companies and juries that you deserve compensation.
Another common type of expert witness is a medical expert. They are doctors who testify to the medical condition of victims or injuries they suffered in a crash. They can also explain to jurors how the accident may have caused the condition. They can also offer suggestions on treatment options and ways to recover.
Engineering experts are often used in car accident claims. They can discuss the technical aspects of a wreck, such as the design of the road, the construction and other physical properties that are involved in the collision and even the vehicle designs. Your lawyer will be able to determine which types of experts are most beneficial in your specific case.
Mental health experts are often utilized in personal injury cases. They can help quantify emotional damages such as pain, suffering and loss enjoyment of life.
In general, experts must be licensed in the area they testify in. There are exceptions to this rule, and laws differ from state to state. In general an attorney who specializes in personal injury is the best knowledgeable of the laws for expert witnesses in your region. In a lot of states experts are required to reveal their credentials and areas of expertise prior being called to be a witness in a court of law. This is done to prevent any bias or conflict of interest issues from becoming a problem.
Time Limits
Depending on the circumstances the law has different deadlines for filing lawsuits against the parties who caused the accident. These are referred to as statutes of limitations and differ widely among states. Your case could be dismissed if you miss the deadline. Get a lawyer on the case as soon after an accident as possible to avoid falling behind the statute of limitation deadline.
In New York for example, you have three years to file a claim after an accident law firm. But, this doesn't mean that you have to wait until the deadline to make a claim. It is usually better to file your claim early, while you can still recall the details of the accident. This will also aid your attorney to locate and talk to witnesses.
If you're seeking compensation for property damage or personal injuries, you can file a civil lawsuit against the party that caused the accident. A lawsuit must be filed before the statute of limitations expires or you will not be able to hold a third person accountable.
The clock starts to tick after an accident. The statute of limitations could be extended under certain circumstances. For instance, if an injury is not immediately apparent and you don't notice it at the time your case can be held open by using a discovery rule.
Minors also have to adhere to special time limits. If a child is injured in a car accident they have two years to file a lawsuit against their own injuries before the statute of limitations runs out.
The time-limit for filing a claim is considerably shorter when you're suing a municipal or local government entity. If you are involved in a collision with the City of New York garbage vehicle, police vehicle or Sanitation Department pickup truck, you'll have only 90 days to file a notice of claim.
