What You Need to Know About Accident Legal Matters A sudden and often unexpected event that occurs without intent or intention, however sometimes it is due to inattention, carelessness or apathy. Accident lawyers can examine your medical records and speak with witnesses and experts, like life-care planners and other experts, to determine the impact of your injuries on your future. They have experience in dealing with insurance adjusters, and know how to negotiate an equitable settlement. Negligence In legal terms, neglect is considered to be a tort. They are civil wrongs that belong to a different category than criminal crimes. Negligence cases are those in which the defendant fails to take reasonable care and prudence in their actions or actions. This negligence can cause unintentionally causing injury or harm to another person. Inattention can be a major reason for accidents and injuries. This includes car accidents or slip-and-fall accidents in businesses, restaurants or private homes, as well as medical malpractice (when doctors do not follow the guidelines of care). A claim for negligence is based on four elements such as duty breach, causation and damages. First, the defendant has to owe a duty diligence to the plaintiff. It could be a duty to take an action or to refrain from doing something under certain conditions. In the case of a car wreck for instance, all drivers are obligated to be safe and obey traffic laws. The defendant must then breach this obligation by acting negligently or recklessly in some way. This includes driving while texting, speeding, or not wear the seatbelt. It is important to note that the violation is required to directly cause the victim's injuries. A defendant is not accountable for an injury that was caused by another cause, such as the victim's stress or anxiety, or even the natural disaster that is beyond their control. If the court decides that the defendant owed a duty the plaintiff and the next step will be to prove that he did not fulfill this duty by failing to act or by acting in a manner that was in contradiction to the duty. This can be either an act or an oversight. The court must decide that the breach directly led to the victim's injury or loss. This can be proven by establishing a causal connection or a direct connection between the breach of duty and an immediate, proximate source of the loss or injury like the above examples. In the past, American court systems followed a law known as contributory negligence. This meant that the victim was not entitled to compensation if he or were even partially accountable for his or her own injuries. However, the majority of states employ a system called pure comparative fault or comparative negligence that allows victims to receive reduced amounts of compensation depending on the degree of their responsibility for the incident. Damages In legal proceedings for accidents, damages are granted to compensate victims for the losses. General and special damages can be awarded in various forms. Special damages are tangible and easy to prove. They include medical bills, property damages, and out-of pocket legal costs and court costs. General damages are not as tangible and could include emotional pain and suffering loss of enjoyment of life, physical impairment and disfigurement. During the investigation phase of your case, our team will gather and analyze all available documentation related to your accident. This will enable us to build a complete picture about your losses and establish the damages you deserve. Our lawyers will work with experts to ensure that all damages are properly estimated and calculated. Economic damages can be demonstrated through an official paper trail and are generally easy to calculate. They include medical expenses as well as property damage and lost wages. Our lawyers will work with experts to determine the future economic damages like ongoing medical costs or loss of earning potential. Non-economic damages can be difficult to quantify as there is no clear monetary value to these kinds of losses. Common non-economic damages in car accident cases include pain and suffering loss of enjoyment of life, emotional distress and loss of consortium. The extent of your injuries and their impact on your way of life, will determine the degree of suffering and pain you endure. Loss of enjoyment of life is the impact your injury has on your ability to take part in activities you enjoy like hobbies or recreational activities. This category also includes physical impairments and disfigurement, which can have a an adverse impact on your everyday life. Punitive damages rarely are given in car accidents, but can be ordered in cases where the conduct of the defendant was especially outrageous like when they were involved in reckless conduct or committed fraud. These kinds of damages are designed to penalize the defendant and deter others from engaging in similar behavior. Expert Witnesses Expert witnesses are crucial for a successful personal injury claim. Expert witnesses are experts who didn't witness the accident, but who have specialized knowledge, training, education and/or expertise regarding the specifics of your case they can share with a jury. Often, a car accident expert will be brought to provide an in-depth analysis of the crash. This is particularly true when there aren't any witnesses. They could be asked to recreate the incident, or even create models using computers and physical objects to show how the accident took place. Their knowledge can help lawyers gain a better understanding of the accident which they can then use to convince insurance companies or a jury that you're entitled to compensation for your injuries. A medical expert is another typical kind of expert witness. These are doctors who confirm the medical condition or injury that a victim suffered during a crash, and explain to jurors how the condition could be a result of the crash. They can also provide guidance on treatment options and recovery possibilities. Experts in engineering are often used to support car accident claims. They are able to discuss the technical aspects of a wreck including the design of the road along with the construction and physical properties that are involved in the collision, as well as the design of the vehicle. Your lawyer will determine which types of experts will be most beneficial for your specific case. Mental health experts are often involved in personal injury cases. They can assist in determining the value of emotional damage including suffering and pain, and loss of enjoyment. In general experts must be licensed to practice in the field that they testify in. However, there are exceptions to this rule and the law differs from state to state. In general an attorney for personal injury will have the best knowledge regarding the laws governing expert witnesses in your state. In a lot of states, expert witnesses are required to disclose their qualifications and areas of expertise prior to being called to be a witness in a court of law. This is to avoid any potential bias or conflicts of interests. Time Limits Depending on your circumstances the law has different time limits for filing lawsuits against those who caused the accident. Limitations on time for filing lawsuits vary from state to state. If you do not meet the deadline, your case may be dismissed. Get a lawyer on the case as soon after an accident as is possible to avoid missing the statute of limitation deadline. In New York for example, you have three years to file a claim for an accident. This doesn't mean you have to wait until the deadline to file your claim. It is often better to file early, while you can still recall the details of the accident. This will also help your attorney to find witnesses and speak to them. If you're seeking compensation for personal or property damage, injuries, you are able to start a civil lawsuit against the party responsible for the incident. But, the lawsuit must be filed within a certain timeframe of limitations or else you won't be able to hold the other party responsible. https://vimeo.com/709546801 begins to tick when you have an accident. The statute of limitations can be extended in certain situations. If an injury is not immediately obvious and you don't discover it immediately, your case is open by using the discovery rule. Minors also have a set of rules with respect to time limits. If a child is hurt in a car crash they can wait two years from the time the statute of limitation expires to bring a lawsuit on their own behalf. The time limit for filing a lawsuit is much shorter if you're filing a lawsuit against a municipal or local government entity. If you're involved in an accident with the City of New York garbage vehicle or police vehicle, or Sanitation Department pickup truck, you'll have only 90 days to file an notice of claim.