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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible if you have been injured in a car accident. Your attorney can help you learn about your rights and help you get the compensation that you are entitled to. All drivers are responsible for adhering to traffic laws. If they fail to do so and cause harm, they are held accountable. Damages In general there are two distinct kinds of damages that could result from an auto accident. The first type of damage called special damages, have an amount that can be easily calculated. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second kind of damages that are referred to as non-economic damage, is more difficult to quantify. They include things like suffering and pain. To receive compensation for non-economic losses, it is essential to to prove that the injuries sustained were serious enough to warrant the compensation. This is a daunting task and the person who was injured must be represented by a lawyer. Loss of enjoyment is one of the most frequently reported non-economic damages. This is usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. This also can result in the inability of participating in certain activities, like driving, that used to be enjoyable. In a few cases victims might be able to sue for punitive damage. This kind of damage is designed to penalize the defendant for a particular sloppy act and helps deter others from similar acts in the future. The punitive damages might not be offered in all cases. A successful claim will require strong evidence that the defendant acted with conscious disregard for others' safety. Liability If you are injured in a car accident, the person or entity responsible for your injuries is liable to pay you compensation. This will include money for medical expenses or property damage, as well as loss of income, and other non-economic damage like suffering and pain. In most cases, the driver who caused the crash will be responsible. It is not uncommon for two drivers to share blame. Certain states have what are known as comparative negligence laws, where the jury will decide the respective percentage of blame for each driver and adjust the damage award accordingly. It is essential to prove to the satisfaction of an insurance company or jury or judge what took place. The burden of evidence is what we refer to it. The burden is placed on the person who makes the claim, which is the plaintiff and it demands that you provide proof of how the accident occurred. Another kind of case that can be brought is when a government institution is the one responsible for the accident. This can happen when a road is not properly designed or maintained and this results in an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are accountable in these types of claims too. They could be accountable for car-related defects such as brakes, tires and mechanical failure. At- auto accident lawyer sterling heights is often able to determine the cause by looking at the scene of the accident and interviewing witnesses. They may write an accusation if they believe a driver violated traffic laws. Insurance companies can also use police reports to determine fault. After an accident, it's normal for drivers to glare at each one another. But, this can be detrimental. This can not only give the other driver a bad impression, but it could also lead to you admitting guilt in the court. In most car accidents, there are usually two or more parties who share some level of blame. The majority of states have modified comparative fault rules, which allow claimants to recover damages that are less than their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This can reduce the possibility of a payout for injuries. The fact that someone is mentioned in a car accident could be evidence that they are responsible for the accident. It's not a guarantee that a personal injury claim will be successful. Based on the circumstances of your case, you may require other forms of evidence to prove an other driver was negligent and caused harm to you. This includes witness testimony, evidence at the site of the accident, as well as medical records detailing your injuries. Police reports If law enforcement officers are at the scene of a car accident they fill out an official police report. These reports include both facts and opinions taken note of by the officers who were on the scene at the time the incident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will also look over the report to determine fault and the amount of compensation. Based on the location, police reports are acceptable or not admissible in court. The police report contains statements that aren't officially sworn in as witnesses. In order for these statements to be used in a legal proceeding, they must fall under one of the hearingsay exceptions under law. A typical report from a police officer contains information regarding the driver, vehicles and the victims involved in the accident along with the details of what happened and any evidence found on the scene. The majority of police reports include the officer's opinions about how the crash happened and who is responsible for the incident. Even if you're not injured, it's in your best interests to file a police accident report even if the incident seems minor. Documentation is important because there aren't all injuries evident immediately.