What You Need to Know About Accident Legal Matters Unexpected and usually sudden events that occur without intent or volition, although sometimes because of negligence, inexperience or inattention. Accident lawyers can review your medical records, and even interview witnesses and experts, like life-care planners, to determine the impact of your injuries on your future. They also have previous experience dealing with insurance adjusters and know how to negotiate an equitable settlement. Negligence In legal terms, neglect is a tort. Torts are civil wrongs that fall into a separate category from criminal offenses. Negligence cases involve a defendant's failure to exercise a reasonable level of care and prudence in their actions or inactions. This negligence can cause injuries or harm that are not intentional to someone else. Negligence is a common reason for injuries in accidents which include car accidents, slips or slip and falls in businesses restaurant, private homes, or at a restaurant medical negligence (when doctors violate the standards of care) and wrongful deaths (when someone dies because of the negligence or recklessness of others). A negligence claim involves four elements: duty, breach of duty, causation and damages. The defendant must first oblige the plaintiff to perform a duty of care. This could be a duty to perform some act or to do something under specific circumstances. In a car accident for instance the drivers are all required to drive safely and follow traffic laws. The defendant can then violate this duty in a reckless or negligent manner in some way. This could include texting while driving, speeding, or not wearing the seatbelt. This violation must have caused directly the victim's injury. A defendant is not responsible for an injury that was caused by another factor, such as the victim's nervousness or upset or the natural disaster that is beyond their control. If the court decides that the defendant owed a duty the plaintiff, the next step will be to prove that he failed to fulfill the duty by failing to perform his duties or acting in a way that was contrary to the obligation. It could be an act or an oversight. The court must also decide that the breach of duty directly caused the victim's injury or loss. This can be proven by an evident causal link with a clear connection between the breach of duties and the direct or proximate cause such as in the examples above. In the past, American courts used to follow a doctrine called contributory negligence, which meant that a victim was unable to receive compensation when they were partially at fault for their own injuries. But, many states utilize a method called pure comparative fault or comparative negligence, which allows victims to obtain reduced amounts of compensation depending on their degree of responsibility for the accident. Damages Damages are awarded in accidents legal actions to compensate victims of their losses. Special and general 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 court costs and litigation. General damages include emotional pain and suffering loss of enjoyment living physical impairment, disfigurement and other damages that are not tangible. During the investigation phase of your case our team will collect and analyze all the documentation that pertains to your accident. This will help us construct a complete picture of your damages and determine what damages you are entitled to. Our lawyers will work with experts to make sure that all damages are correctly estimated and calculated. Economic damages are simple to determine and can be proved by a paper trail. Examples of these include medical bills, property damage, and lost wages. Our lawyers will work with experts to estimate future economic damages like ongoing medical care costs or loss of earning potential. Non-economic damages are harder to quantify because there is no specific amount of money that can be attributed to these kinds of damages. Common non-economic damages in auto 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 way of living, can determine the extent of suffering and pain you receive. Loss of enjoyment refers back to your ability to enjoy recreational or leisure activities. This category also includes physical impairment and disfigurement, which have an adverse impact on your daily life. Punitive damages in car accidents are rare however they may be given if the offender's behavior was particularly outrageous, for example or if they committed reckless conduct or fraud. These kinds of damages are intended to penalize the defendant and discourage others from engaging in similar conduct. Expert Witnesses Expert witnesses are essential for the success of your personal injury claim. They are professionals who were not present at the scene of the accident and who possess specialized knowledge, training, education or experience regarding the specifics of your case that they can provide to jurors. Often, a car accident expert is often called for a thorough analysis of the crash. This is particularly true in the event that there aren't any eyewitnesses. They could be asked to recreate the incident, or even create models using computers and physical objects to show how the accident occurred. Their knowledge can help attorneys gain a better understanding about the accident, which they can use to convince insurance companies and juries that you're entitled to compensation. Medical experts are another common kind of expert witness. They are doctors who can testify about the medical condition of a victim or the injury they sustained in a crash. They can also explain to jurors why the crash could cause the condition. They can also offer advice about treatment options and options for recovery. Engineering experts are also frequently employed in claims for car accidents. They can be consulted on the technical aspects of a crash including the design of the road as well as the construction, and other physical properties that are involved in the collision and the designs of the vehicles. Your lawyer will be able to determine which experts are most beneficial in your case. Mental health professionals are frequently utilized in personal injury cases. https://vimeo.com/709540607 can assist in estimating the value of emotional damages like suffering and suffering, as well as loss of enjoyment. In general, experts must be licensed in the area they testify in. There are exceptions to this rule, and laws vary from state to state. Personal injury attorneys are the best persons to ask about laws regarding expert witnesses in the state. In many states experts must disclose their credentials and areas of expertise prior being called to be a witness in the court of law. This is to prevent any potential bias or conflicts of conflicts of interest. Time Limits Depending on the circumstances, you could be subject to a different time-limit for filing a lawsuit against the person responsible for 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 a qualified lawyer as soon as possible following an accident to make sure you don't have to miss the statute of limitations deadline. In New York for example, you have three years to file a claim for an accident. However, this doesn't mean you have to wait until the deadline to file your claim. It's best to file earlier, while the details of the accident are still fresh in your mind. This also makes it easier to locate and speak to witnesses. You can make a civil suit against the person responsible for the incident if you wish to seek compensation for personal injuries or property damage. A lawsuit must be filed before the time limit expires, or else you will not be able to hold the other party responsible. The clock starts ticking when you are involved in an accident. The statute of limitations may be extended under certain circumstances. For instance, if the injury isn't obvious at first and you do not discover it immediately your case can be held open by using a discovery rule. Minors also have their own rules regarding time limits. If a child is injured during a car 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 a municipality or local government, the statute of limitations is much shorter. If you get into a crash with a City of New York garbage truck or police vehicle Sanitation Department pick-up truck, for example, you'll have just 90 days to make a claim before the time limit is cut off.