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What Is Auto Accident Law?If you're injured in the course of an accident in the car, you could be entitled to compensation. Damages could be based on medical bills, lost wages and other expenses that can be accounted for. They may also include non-economic damages such as pain and suffering.Some states have no-fault insurance laws. Others rely on comparative negligence in determining responsibility and awarding damages. A knowledgeable attorney can guide you through the process.LiabilityA car accident lawyer is required when a person suffers injuries or property damage resulting from a collision caused by another party. This kind of law is part of personal injury laws. It aims to determine the party responsible for the loss, including repair and medical expenses and pain and suffering, loss wages and other financial damages.The general rule is that any driver who breaks the rules of driving, which differ by state and can result in an accident that hurts others may be to be liable for financial compensation. This is especially true when the other driver was injured or killed.In general, the plaintiff must show that the defendant had an obligation of care to the victim but did not fulfill it. This breach of duty resulted in the victim suffering losses. In certain states, such as New York, the theory of comparative fault can be used to determine who is responsible for an accident.In addition to proving a driver's breach of duty, it is also important to determine the facts that caused the accident. Lawyers can create a solid case for liability by having detailed information about the site of the accident including images, a diagram and the contact information of witnesses. It is crucial to remember that a person shouldn't admit fault to the other driver or their insurance company and should never accept anything that an insurance company or a third party offers without having it examined by an attorney.DamagesIn a car accident lawsuit the aim is to get financial compensation for the losses or injuries you suffered. This compensation is sometimes referred to by the term "damages". Damages can be classified into two types: economic damages and non-economic damages. Economic damages refer to expenses which can be calculated, like medical bills, lost wages and car repair costs. Non-economic damages are more difficult to quantify. They could include suffering and pain, loss of enjoyment life, and loss of consortium.For instance, a serious crash could cause someone to develop a severe fear of driving, which may prevent the person from taking part in the various activities enjoys. This could lead to the loss of income and enjoyment of life, so the victim may be entitled to compensation for the damage caused.A judge will consider various aspects when calculating damages including the extent to which one driver's negligence led to the accident as well as the extent to which the victim's negligence contributed to the losses. The judge will also look at other factors, such as the weather conditions.Conditions that aren't ideal for the weather like rain, for instance, could create dangerous road conditions which increase the likelihood of an accident. Drivers who break traffic laws because of the weather can be held responsible for any injuries or property damage that result. Another aspect is vicarious liability, a legal principle which assigns the blame for an accident to someone who was not directly involved in the incident but had a duty to act with care toward other people.Statute of LimitationsIn most cases, you will only have an incredibly short time to file your lawsuit after the accident. This time period is referred to as the statute of limitations. If you fail to meet the deadline, you will lose the right to sue the negligent driver for your injuries and losses.The statute of limitations exists to ensure that legal cases are investigated within a reasonable amount of time. The longer an incident goes on longer, the more difficult it is to determine what happened and who was responsible for the damage. People who witnessed the incident may forget about it and evidence of the event could vanish or be damaged. Thus, it is a good public policy to require that lawsuits be filed within a reasonable amount of time after an incident.There are some exceptions to the Statute of Limitations. The statute of limitations may be tolled or suspended in cases where the plaintiff was an under-age person at the time the incident occurred. The statute of limitations would start to run again after the victim turns 18 or is married.The statute of limitations may also be reduced under certain circumstances, for instance, when an incident involves municipal employees or other public officials. An attorney for car accidents will inform you if one of these exceptions are applicable to your particular case.Filing an actionThe formal process of a lawsuit in the field of car accident law starts when a plaintiff files a civil suit against a person, organization or government agency (the defendant) asserting that they acted recklessly or in a negligent manner with an accident that resulted in injuries or damage to others. Each party is entitled to a fair trial and due process, including a full and complete opportunity to present evidence to support their assertions.After the discovery period has passed the defendant is then required to file a document referred to as an answer. In the document, they have to admit or deny any claim made in the plaintiff's complaint. auto accident attorneys asheville must also outline any legal defenses to the claim.The plaintiff will argue their case at trial through oral testimony, documents and exhibits. They may cross-examine witnesses for the defendant. During the trial, the judge or jury examines all evidence and then takes a decision.Settlements for car accidents often comprise economic damages such as medical expenses loss of income, property damage and pain and suffering. When these expenses exceed no-fault insurance coverage, or when someone you love has was killed in a collision, victims may be eligible for additional compensation through a lawsuit against the responsible party. An experienced lawyer for car accidents can assist you in negotiating a fair settlement, or take the defendant to the court. Most car accident attorneys work on a contingency fee basis, meaning that they do not charge hourly but rather take a percentage of any settlement or verdict that is awarded to their client.