What You Need to Know About Accident Legal Matters Unexpected and often sudden events that occur without intent or intention, but are often because of negligence, inexperience or inattention. Accident lawyers will review your medical records and talk to witnesses, as well as experts such as life-care planners to determine the impact of your injuries on your future. They are experienced in dealing with insurance adjusters, and know how negotiate an acceptable settlement. Negligence In legal terms, neglect is an act of tort. Torts are civil wrongful acts that fall under a different category than criminal offenses. Negligence cases are those where the defendant does not take reasonable diligence and prudence with their actions or inactions. Such a failure leads to accidental injury or harm to a person. Negligence is a frequent reason for accidents that cause injuries, including accidents in the car, slip or trip and falls at businesses restaurant, private homes, or at a restaurant, medical malpractice (when doctors fail to adhere to the standard of care) and wrongful death lawsuits (when someone dies due to the carelessness or negligence of another). A claim for negligence is made up of four elements that include duty breach, causation and damages. First, the defendant must owe the plaintiff the obligation of care. This could be a duty to perform some action or a duty to do something under particular circumstances. For instance in a car crash case, all drivers owe the obligation to drive in a safe manner and observe traffic laws. The defendant has to then violate this duty in some way, be it reckless or negligent. This includes driving while texting, speeding, or failing to wear the seatbelt. It is important to note that this breach must directly cause the victim's injuries. A defendant can't be liable for an injury if it was caused by an other reason, like the victim's emotional state or nervous or a natural calamity that was out of their control. If the court finds that the defendant had a responsibility to the plaintiff of care, the next step is to prove that the defendant violated that obligation by not taking actions or taking act that was contrary to the obligation. This can be an act or negligence. The court must also determine that the breach of duty directly caused the victim's loss or injury. This can be established through a strong causal connection or a direct connection between the breach of duty and a direct, proximate cause of the injury or loss as in the above examples. In the past, American court systems followed the doctrine of contributory negligence. This meant that victims were not entitled to compensation if he she was even partially accountable for his or her own injuries. But, many states use a model called pure comparative fault, or comparative negligence that allows victims to claim reduced amounts of compensation depending on their level of responsibility for the incident. Damages Damages are awarded in accident legal cases to compensate victims for their losses. Special and general damages can be awarded in many different forms. Special damages are particular in nature and easy to prove, including medical bills, property damage, and the cost of litigation and court fees out of pocket. General damages aren't as tangible and could include emotional pain and suffering loss of enjoyment of life, physical impairment and disfigurement. During the investigation stage of your case, our team will collect and analyze all the documentation in connection with your accident. This will help us build an accurate picture of your damages and determine the amount of damages you are entitled to. Our lawyers will collaborate with experts to ensure that all damages are accurately estimated and calculated. Economic damages are those that can be documented with an evidence trail on paper and are usually simple to estimate. These include medical bills as well as property damage and lost wages. If you are able to show future economic damages like the cost of ongoing medical care or loss of earning capacity, our lawyers will collaborate with expert witnesses to estimate these amounts. Non-economic damages are difficult to quantify, as there is no definite amount of money that can be attributed to these kinds of damages. Common non-economic damages in auto accidents include pain and suffering and loss of enjoyment life, emotional distress, and loss of consortium. The degree of your injuries and their impact on your way of living, can determine the degree of pain and suffering you endure. Loss of enjoyment of life refers to the impact of your injury on your ability to take part in the activities you love, such as recreation or hobbies. This category also includes physical impairment and disfigurement, which have a negative effect on your daily life. Punitive damages are seldom awarded in car accidents, however, they may be ordered in cases where the conduct of the defendant was particularly outrageous, such as the case of reckless conduct or fraud. These types of damages are intended to punish the perpetrator and discourage others from engaging in similar actions. Expert Witnesses Expert witnesses are vital for a successful personal injury claim. These experts are people who were not present at the scene of the accident and who possess specialized knowledge, training, education or experience regarding the specific details of your case they can share with a jury. Often, a car accident expert is called for a thorough analysis of the crash. This is particularly true in the event that there aren't any eyewitnesses. They might be called upon to recreate the crash or develop physical and computer models that demonstrate the way in which a crash occurred. Their expertise can help attorneys 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 a typical kind of expert witness. They are doctors who can testify about the medical condition of a victim or to the injury they sustained in a crash. They can explain to jurors what caused the accident that could have caused the condition. They can also provide advice on treatment options as well as ways to recover. Engineers are also frequently involved in claims involving car accidents. They are able to discuss 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 even the design of the vehicle. Your lawyer will be able to determine which experts will be most helpful in your case. Mental health experts are often employed in personal injury cases. They can aid in calculating the value of emotional damage including suffering and pain, and loss of enjoyment of life. In general, an expert witness must be licensed to practice in the field that they testify on. However there are exceptions to this requirement and the laws differ from state to state. In general the personal injury lawyer has the most knowledge regarding the laws governing expert witnesses in your area. In a lot of states experts must disclose their qualifications and areas of expertise prior being called to testify in a court of law. This is done to prevent possible bias or conflict of interest issues from becoming a problem. Time Limits Depending on your situation There are various deadlines for filing lawsuits against the parties who caused the accident. The statute of limitations vary from state to state. Your case could be dismissed if do not meet the deadline. Seek out a lawyer as quickly after an accident as you can to avoid not meeting the statute of limitations deadline. In New York for example, you have three years to file a claim following an accident. However, this doesn't mean that you have to delay until the deadline to file an action. https://vimeo.com/709655376 is often better to file early, if you still remember the details of the accident. This will also make it easier for you to locate and speak to witnesses. You can start a civil lawsuit against the person who caused the accident if you want compensation for personal injuries or property damage. A lawsuit must be filed before the statute of limitations expires, or else you will not be able to hold a third party accountable. The clock starts ticking when you have an accident. Under certain circumstances, the statute of limitations could be extended. For instance, if the injury isn't immediately obvious and you aren't able to identify it at the time, your case can be stayed open through a discovery rule. Minors also have their own rules in relation to time limits. If a child gets injured in a car crash they can wait up to two years from when the statute of limitations expires to make a claim on their own behalf. The statute of limitations is far shorter if you're filing a lawsuit against a municipal or local government agency. If you're involved in an accident with the City of New York garbage truck or police vehicle, or Sanitation Department pick-up truck, for instance, you'll get just 90 days to file a claim before the time limit is cut off.