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What Is Auto Accident Law? If you're injured in an auto accident, you may be entitled to compensation. Medical bills, lost wages, and other costs that are measurable can be included in damages. Damages may also include non-economic damage, such as discomfort and pain. Certain states have no-fault insurance laws. Others rely on the concept of comparative negligence to determine responsibility and awarding damages. An experienced attorney can guide you through the procedure. Liability If someone is injured or property damage as a result of an accident that was caused by another party, a lawyer will be needed. This type of law which is a part of personal injury law, aims to determine who is responsible for the damages incurred such as medical bills, repair costs as well as pain and suffering, lost wages as well as other financial damages. The general rule is that any driver who is in violation of the rules of driving which differ by state and can result in an accident that harms others could be held to be liable for financial compensation. This is particularly true if the driver who caused the accident was injured or killed. In general, the plaintiff has to establish that the defendant was under 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 the fault in an accident. It is important to establish all the facts that led up to the accident, and also proving the driver's breach. A lawyer can construct an argument for liability that is strong with the help of detailed information regarding the site of the accident including photographs, a diagram, and contact information of witnesses. It is important to remember that one should not admit guilt to the other driver or their insurance company, and should not accept anything that an insurance company or a third party offers without having it examined by an attorney. Damages In a lawsuit involving a car accident the aim is to get financial compensation for the losses or injuries you suffered. This kind of compensation is sometimes called “damages”. Damages can be divided into two categories: economic damages and non-economic damages. Economic damages encompass expenses that can be quantified, such as medical bills, lost wages and car repair expenses. auto accident attorneys vancouver -economic damages are more difficult to quantify. They may include pain and suffering, loss of enjoyment of life and loss of consortium. For example, a serious crash can cause a victim to develop a severe fear of driving, which prevents him or her from engaging in the various activities is interested in. This can result in the loss of income and enjoyment of life, so the victim may be entitled to compensation for the damage caused. A judge will look at a variety factors when calculating damages including the extent to which a driver's negligence contributed to the accident as well as the extent to which the victim's negligence contributed to the losses. A judge will also take into consideration the role of other factors, such as weather conditions. In the event of bad weather such as rain or snow could create dangerous road conditions which increase the chance of an accident. Drivers who violate traffic laws because of the weather can be held responsible for any injuries or property damage that result. Vicarious liability is a different aspect. This legal concept places blame for an accident on those who weren't directly involved, but was the obligation to act with care for other people. Statute of Limitations In most cases, you will only have a limited time to file a lawsuit after the accident. This time period is referred to as the statute of limitations. If you miss this deadline your legal right to bring a lawsuit against a negligent driver for your losses and injuries will be lost. The statute of limitations exists to ensure that legal proceedings are completed within a reasonable amount of time. The longer an incident drags on, the more difficult it becomes to identify the cause and who was accountable for the damages. People who witnessed the incident may forget about it and physical evidence could disappear or be damaged. It is therefore good public policy to ensure that lawsuits are filed within a reasonable time period after an incident. There are some exceptions to the Statute of Limitations. For example the statute of limitations can be extended (or suspended) when the plaintiff was minor at the time of the accident. The statute of limitations begins to run over again after the victim becomes an adult, whether by getting married or achieving the age of 18. The statute of limitations may also be shortened in certain circumstances, for example, when an accident involves municipal employees or other public officials. An attorney for car accidents can tell you if any of these exceptions apply to your case. Filing a Lawsuit The formal process in car accident law begins when a plaintiff files civil complaints against a person, entity or government agency (the “defendant”) and claims that the defendant acted negligently or irresponsibly when it comes to an incident which resulted in injuries or damages to others. Each party has the right to a fair and impartial trial, including the chance to present all evidence needed to justify their claims. After the discovery period has ended, the defendant must file a document called an answer where they deny or admit each claim made in the complaint of the plaintiff. They also identify any legal defenses to the claim. In court the plaintiff argues their case via oral testimony, as well as documents and exhibits. They have a right to cross-examine witnesses for the defendant. During an investigation the judge or jury will listen to all the evidence before making a decision. Settlements from car accidents usually contain economic damages, such as medical expenses as well as lost income, property damage, and pain and suffering. If the costs are greater than the insurance's no-fault protection or the loved ones of the victim have passed away in a crash, victims could be entitled to additional compensation by filing a lawsuit against the party who were at fault. An experienced lawyer for car accidents can help you negotiate an equitable settlement, or bring the defendant to the court. Most car accident lawyers operate on a contingent fee basis. This means they do not charge an hourly rate but instead take an amount of the settlement or verdict they receive for their client.