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Auto Accident Legal Matters Contact an experienced attorney right away If you've suffered injuries in a car accident. Your lawyer can assist you to understand your rights and receive the compensation you are entitled to. All drivers are required to observe traffic laws. If they fail to do so and cause injury, they can be held responsible. Damages In general there are two kinds of damages that could result from an auto accident. The first, known as special damages, have a specific dollar amount that is easy to calculate. Special damages are medical bills or lost wages, as well as vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering. In order to receive compensation for non-economic losses, it is essential to be able to show that the injuries suffered were serious enough to merit the award. This is a daunting task and the victim must be represented by an attorney. One of the most prevalent types of non-economic damages is the loss of enjoyment in life. This is usually a financial amount that indicates a decreased quality of living because of injuries resulting from accidents. Also, it involves the inability to take part in certain activities, like driving, that were once enjoyable. In some cases, victims may be capable of suing for punitive damages. These damages are intended to punish the perpetrator and discourage future acts that are just as bad. Punitive damages are not available in every case, and a successful case relies on the evidence that proves the defendant acted with conscious disregard for the safety of others. Liability If you suffer injuries in an accident in a car, the person or entity responsible for the injuries you sustained will be responsible to pay you compensation. This includes reimbursement for medical expenses as well as property damage, lost income, and non-economic damages like pain and discomfort. In most cases, this will be the driver who caused the crash. However, it is not unusual for two drivers to share a portion of the blame. Some states have laws known as comparative negligence, in which the jury determines each driver's percentage and adjusts the damage amount in accordance with the percentage. It is important to prove to the satisfaction of an insurance company or judge and jury what occurred. This is referred to as the burden of evidence. The burden is shifted to the person who is making the claim, namely the plaintiff and requires you to show the evidence that demonstrates how your crash happened. Another type of case that can be filed is when a government institution is accountable for the accident. This could be the case when a road is not properly maintained or designed which can lead to an accident. These types of claims are also referred to as road defect cases. These kinds of claims could also be brought by manufacturers. They may be held accountable for the defects in brakes, tires and mechanical failures. At-fault driver citations Often, an officer can determine the cause of an accident by studying the scene of the crash and speaking with witnesses. They might issue a ticket if they think the driver was in violation of traffic laws. auto accident law firm portland may also use police reports to determine the fault. It is normal for drivers to blame one another after an accident. However, this can be harmful. This could not only give the other driver a bad impression but could also result in you committing a crime in court. The majority of car accidents involve two or more people with varying degrees of responsibility. This is the reason why most states use modified comparative blame rules that allow the claimant to seek compensation for damages minus their share of blame. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage fault in an accident. This can reduce the amount of compensation for injuries. The fact that someone is mentioned in a car accident could be evidence that they were the cause of the accident. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to prove that the other driver was negligent and caused you harm. Witness testimony, evidence at the scene of the accident, and medical documents to prove your injuries. Police reports When officers from the police arrive at a vehicle accident site and are asked to fill out an official report. The reports include both information and opinions of the officers present at the time of the crash. This is a crucial document to be included in any claim for auto accidents. Insurance companies will review the report as well to help determine fault and compensation for the injured parties. Based on the area of jurisdiction, police reports can be acceptable or not admissible in court. The police report contains statements from individuals who haven't been sworn in as witnesses. These statements have to fall under an exception to the law of hearsay in order to be used as evidence. A typical police report contains information about the driver, vehicles and victims involved in the accident, as well as an account of what transpired and any evidence that was found on the scene. The majority of police reports include the officer's opinion on the circumstances of the crash and who is the most responsible for the incident. If you are not hurt, it is recommended that you always submit a police report after any incident you're involved in even if it appears to be a minor. Not all injuries are apparent right away and having a thorough record can be a huge help in getting you the compensation you deserve for your medical expenses.