What You Need to Know About Accident Legal Matters Unexpected and often sudden events that happen without intention or inclination, however sometimes due to carelessness, ignorance or inattention. Accident lawyers can examine your medical records and interview witnesses, as well as experts like life-care planners and other experts, to determine the impact of your injuries on your future. They also have expertise dealing with insurance adjusters and are able to negotiate an equitable settlement. Negligence In legal terms, neglect is an act of tort. Torts are civil wrongs which fall under a separate category from criminal offences. Negligence cases are those in which the defendant fails to use a reasonable degree of care and prudence when it comes to their actions or inactions. The result is injuries or harm that is not intended to a person. Negligence is a common cause of accidents which include car accidents, slips and slip and falls in businesses restaurant, private homes, or at a restaurant medical malpractice (when doctors fail to adhere to the standards of care), and wrongful death cases (when someone dies as a result of the negligence or negligence of another). A claim for negligence is built on four elements: duty breach, causation, and damages. First, the defendant must have the obligation of care. It can be a responsibility to perform a task or to avoid doing something in certain circumstances. For example in a car accident situation, all drivers owe the duty to drive with caution and obey traffic laws. The defendant is then required to violate this duty in some manner, such as being negligent or reckless. This could include texting while driving, speeding or not wearing a seatbelt. It is important to note that this act is required to directly cause the victim's injuries. A defendant cannot be held accountable for injuries if they was caused by some other cause, such as the victim's emotions or anxious or experiencing a natural disaster that was beyond their control. If the court decides that the defendant was liable to the plaintiff and the next step will be to establish that he violated the duty by failing to act or by acting in a way that was contrary to the duty. It could be an act or an or omission. The court must establish that the breach directly contributed to the victim's injury or loss. This can be demonstrated by establishing a causal link for example, a close link between the breach of duty and the direct, proximate cause of the loss or injury like the above examples. In the past, American court systems followed a concept known as contributory negligence. This meant that victims were not entitled to compensation if she was even partially at fault for their own injuries. A majority of states use the model of pure comparative fault or comparative negligence, which allows victims to receive compensation that is less dependent on the extent to which they are responsible for the accident. Damages Damages are awarded in accidents legal cases to compensate victims for their losses. General and special damages can be awarded in various forms. Special damages are tangible in nature and are easy to prove, such as medical bills, property damage and out-of-pocket costs for court and litigation. General damages aren't quite as tangible and could include emotional suffering and suffering and loss of enjoyment life, physical impairment and disfigurement. During the investigation phase of your case our team will collect and analyze all the documentation related to your accident. This will help us construct a complete picture of your losses and establish what damages you are entitled to. Our lawyers will work with experts to ensure that all damages are accurately estimated and calculated. Economic damages are easy to estimate and prove by a paper trail. Examples of these include medical bills, property damage and lost wages. Our lawyers will collaborate with experts to determine the future economic damages such as continuing medical expenses or loss of earning potential. Non-economic losses can be difficult to quantify since there isn't a clear financial value for these types of losses. The most common non-economic damages in car accident cases include pain and suffering, loss of enjoyment of life, emotional distress and loss of consortium. The severity of your injuries and their impact on your standard of life, will determine the amount of pain and suffering you endure. Loss of enjoyment of life refers to the impact of your injury on your ability to participate in activities you love, such as recreation or hobbies. This category also includes physical impairment and disfigurement, which can have a an adverse impact on your everyday life. Punitive damages are seldom given in car accidents, however, they may be ordered in cases where the conduct of the defendant was particularly egregious like when they were involved in reckless conduct or fraud. These kinds of damages are meant to punish the perpetrator and deter others from engaging in similar conduct. Expert Witnesses Expert witnesses are a crucial element of the success of a personal injury claim. These experts are people who didn't witness the incident however, they have knowledge, training, education and/or experience about the specifics of your claim that they are able to share with a jury. A car accident expert is usually called upon to provide an educated analysis about the crash, particularly when there are no eyewitnesses available. They could be asked to recreate the accident or create physical and computer models to demonstrate how a wreck took place. Their knowledge can help attorneys gain a concrete understanding of the incident, which they can use to convince insurance companies and juries that you're entitled compensation. Another popular kind of expert witness is a medical expert. These are doctors who confirm the medical condition or injury a victim suffered during a crash, and explain to jurors how the condition could be caused by the accident. They can also provide advice on treatment options as well as recovery possibilities. Engineers and experts are often employed to back up car accident claims. They can provide information on the technical aspects of a wreck including the design of the road, the construction and other physical properties that are involved in the collision, as well as the designs of the vehicles. Your lawyer will identify which experts will be most helpful in your particular case. Mental health experts are often employed in personal injury cases. They can help quantify emotional damages like suffering, pain and loss of enjoyment of life. Generally speaking an expert witness must be licensed to practice in the field that they testify in. However, there are exceptions to this requirement and the law varies from state to state. Personal injury attorneys are the best persons to ask about the laws governing expert witnesses in the region. In many states experts are required to disclose the qualifications and areas of expertise prior to being called to be called to testify. This is done to prevent possible bias or conflicts of interest from being raised. Time Limits Depending on the circumstances, you could be subject to a different time-limit for filing an action against the parties who are responsible for the incident. These are known as statutes of limitations and vary significantly between states. Your case could be dismissed if fail to meet the deadline. Get a lawyer on the case as soon after an accident as you can to avoid missing the statute of limitation deadline. In New York, for example, the statute of limitations is three years following an accident with a car. However, this doesn't mean you have to wait until the deadline to submit your claim. It is often better to file claims early, while you can still recall the details of the accident. https://vimeo.com/709539815 can also make it easier for your attorney to locate witnesses to speak with. If you're seeking compensation for personal or property damage, injuries, you may file a civil lawsuit against the party who caused the accident. A lawsuit must be filed before the time when the statute of limitations expires or you will not be able hold another person accountable. The clock starts ticking the date of your accident. Under certain circumstances, the statute of limitations may be extended. For instance, if the injury isn't apparent immediately and you don't notice it immediately your case can be kept open with the discovery rule. Minors also have special rules in relation to time limits. If a child gets injured in a car accident the child has up to two years before the statute of limitations expires to start a lawsuit on their own behalf. The statute of limitations is significantly shorter when you're suing an municipal or local government entity. If you're involved in a crash with a City of New York garbage truck or police vehicle Sanitation Department pick-up truck, for example, you'll have only 90 days to submit a claim before the time limit expires.