What You Need to Know About Accident Legal Matters A sudden and unexpected incident that occurs without intention or intention, however sometimes it is due to inattention, carelessness or apathy. Accident lawyers will review your medical records, talk to witnesses and expert experts like life-care planners to understand how the injury will affect your future. They also have previous experience dealing with insurance adjusters and know how to negotiate a fair settlement. Negligence In legal terms, neglect is an act of tort. Torts are civil wrongs that fall under a distinct category from criminal offences. Negligence cases involve the defendant's inability to exercise a reasonable degree of care and caution in their actions or inactions. The result is unintentional harm or injury to a person. Inattention can be a major cause of injuries and accidents. This includes car accidents as well as slip and fall accidents at restaurants, in businesses or private homes, and medical negligence (when doctors fail to adhere to the guidelines of care). A claim for negligence is made up of four elements such as duty breach, causation and damages. The defendant must first oblige the plaintiff to perform the duty of care. This can be a duty to perform a certain act or to do something under specific circumstances. In the case of a car wreck, for example, all drivers are obligated to be safe and obey traffic laws. The defendant must then breach this obligation by acting recklessly or negligently in some way. This includes driving while texting, speeding, or not wear the seatbelt. This violation must have caused directly the victim's injury. A defendant isn't liable for a recurrence if it was caused by a different cause, such as the victim's emotional state or anxious or experiencing a natural disaster which was out of their control. Once the court determines that the defendant had a duty to the plaintiff of care the next step is to establish that the defendant violated that obligation by not taking actions or taking action that was contrary to this duty. It could be an act or an omission. The court must determine that the breach directly led to the victim’s injury or loss. This can be proven by an established 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 was unable to be compensated when they were partially responsible for their own injuries. The majority of states are now using the model of pure comparative fault, or negligence that allows victims to receive less compensation depending on how much they were responsible for the accident. Damages Damages are awarded in accidents legal instances to compensate victims for their losses. Special and general damages can be awarded in various forms. Special damages are tangible and simple to prove. They include medical bills, property damages and out-of-pocket costs for litigation and court costs. General damages aren't tangible and can include emotional pain and suffering loss of enjoyment of life, physical impairment, and disfigurement. During the investigation phase of your case, we will gather and analyze all documentation available related to the incident. This will allow us to create a complete picture of your losses, and determine the amount of damages you are entitled to. Our lawyers will work in conjunction with experts to ensure that the damages are accurately assessed and calculated. Economic damages are those that can be proven through a paper trail and are usually simple to calculate. They include medical bills or property damages, as well as lost wages. If you can show future economic damages such as the cost of continuing medical treatment or loss of earning capacity, our attorneys will collaborate with expert witnesses to estimate these amounts. Non-economic damages can be difficult to quantify as there isn't an exact monetary value for these types of losses. Common non-economic damages arising from car accident cases include pain and suffering loss of enjoyment 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 receive. Loss of enjoyment refers back to your ability to enjoy leisure or other activities. Physical impairment and disfigurement are also often included in this category, as they have a negative impact on your daily activities. Punitive damages are seldom awarded in car accidents however, they may be ordered in cases where the conduct of the defendant was particularly egregious, such as the case of reckless conduct or committed fraud. https://vimeo.com/709556171 of damages seek to punish the defendant, and discourage others from engaging in similar behavior. Expert Witnesses Expert witnesses are a vital part of a successful personal injury case. Expert witnesses are those who were not present at the accident, but have knowledge, training, and/or experience regarding the specifics of the claim they can share with the jury. Most often, a crash expert will be called to provide a thorough analysis of the crash. This is especially the case if there are no eyewitnesses. They could be asked to recreate the event or develop physical and computer models that show how a crash took place. Their experience can help lawyers develop a clear understanding of the incident that they can then use to convince insurance companies or a jury that you are entitled to compensation for your injuries. Another common kind of expert witness is a medical expert. They are doctors who can be a witness to the medical condition of a victim or the injury they sustained in a crash. They can also explain to the jury how the accident may cause the condition. They can also provide guidance on treatment options and ways to recover. Engineers from the field are often employed to back up car accident claims. They can discuss the technical aspects of a crash, such as the design of the road along with the construction and physical properties involved in the collision and the vehicle designs. Your lawyer can determine which experts will be most helpful in your case. Mental health experts are often involved in personal injury cases. They can help quantify emotional damages like pain, suffering and loss enjoyment of life. Generally speaking an expert witness must be licensed to practice in the field that they are testifying about. There are exceptions to the rule, and laws vary from state to state. Personal injury attorneys are the best person to inquire questions regarding the laws for expert witnesses in the state. In a lot of states, expert witnesses must disclose their qualifications and areas of expertise prior to being called to testify in a court of law. This is to prevent possible bias or conflicts of interest from becoming a problem. Time Limits Depending on the circumstances, you may have a different period for filing a lawsuit against those who caused the accident. The statute of limitations vary from state to state. If you fail to meet the deadline, your case could be dismissed. It is important to speak with an experienced lawyer as soon as possible following an accident to ensure that you don't run the risk of missing the deadline for extending the statute of limitations. In New York for example, you have three years to file a claim after an accident. This doesn't mean you have to wait until after the deadline to make a claim. It is usually better to file claims early, while you still remember the details of the incident. This can also make it easier for your attorney to find and talk to witnesses. You may file a civil suit against the person responsible for the incident if you wish to seek compensation for personal injuries or property damage. But, the lawsuit must be filed within the timeframe of limitations, otherwise you will not be able to hold the other party responsible. The clock starts ticking when you are involved in an accident. Under certain circumstances the time limit for filing a claim may be extended. If the injury isn't immediately obvious and you do not discover it right away, then your case could remain open by utilizing the discovery rule. Minors also have special rules in relation to time limits. If children are injured in an automobile accident they are allowed two years to file a lawsuit for their own injuries before the statute of limitations runs out. If you file a lawsuit against any local or municipal government, the statute of limitations is much shorter. If you're involved in a crash with a City of New York garbage truck, police vehicle, or Sanitation Department pick-up truck, for instance, you'll have only 90 days to make a claim before the statute of limitations expires.