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Auto Accident Legal Matters If you've been injured in an auto accident, call an experienced attorney as soon as possible. Your lawyer can explain your rights and assist you receive the compensation you need. All drivers are accountable for obeying traffic laws. If they do not comply with this duty and cause harm, they are liable. Damages Generally speaking there are two types of damages that could result from a car accident. The first, called special damages, have a precise dollar amount that is easy to determine. Items like medical bills loss of wages, vehicle repairs are examples for special damages. The second type, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering. In order to receive compensation for non-economic losses, it is necessary to to prove that the injuries sustained were serious enough to merit the compensation. This is a challenging job and the person who was injured should be represented by an attorney. auto accident attorneys evanston of enjoyment of life is among the most common non-economic damages. In general, this is a monetary sum that reflects the lower quality of life resulting because of injury caused by an accident. This also is the inability to participate in certain activities, like driving, that were once enjoyable. In a few cases victims can sue for punitive damages. This type of damage is designed to punish the perpetrator for a particularly egregious act and to deter other people from doing the same in the future. Punitive damages may not be available in all cases. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for others' safety. Liability If you suffer injuries in a car accident the person responsible for the injuries you sustained is responsible to pay you. This will include money for medical expenses or property damage, as well as loss of income, and other non-economic damage like pain and suffering. In the majority of cases, the driver that caused the accident will be responsible. However, it's not unusual for both drivers to share some blame. Some states have laws called comparative negligence. a jury determines the percentage of each driver and adjusts the damage amount accordingly. It is crucial that you can demonstrate to the satisfaction of an insurance company or juror or judge that the incident occurred. This is known as the burden of proof. The plaintiff is the one who bears the burden of proving. You have to provide evidence to prove that your accident occurred. A government entity can also be held accountable for an accident. This can happen when a road is not maintained or constructed properly, and this contributes towards an accident. These claims are also called roadway defect cases. These types of claims can also be brought by manufacturers. They may be liable for defects in cars like brakes, tires and mechanical failure. At-fault driver citations An officer will often be able to determine the cause of an incident by analyzing the accident scene and interviewing witnesses. They might issue tickets if they believe a driver violated traffic laws. Insurance companies could also use police reports to determine fault. After an accident, it is normal for drivers to point fingers at each one another. This can be harmful. In addition to giving the driver a bad impression, it could result in an admission of guilt that can be used against you in court. Most car accidents be caused by two or more people who share a portion of blame. Most states have modified comparative-fault rules that allow claimants to recover damages less their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant blame in an accident. This could decrease the amount of compensation for injuries. The fact that someone is mentioned in a vehicle crash could be proof that they caused the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other forms of evidence to prove the other driver was negligent and caused you harm. Witness testimony, evidence at the scene of an accident and medical documents to show your injuries. Police reports When police officers arrive at a vehicle accident site they complete an official report. The reports contain both the facts and opinions recorded by the officers at the scene at the time the accident occurred. 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. According to the jurisdiction, police reports may or may not be accepted in court. The police report includes statements from individuals who haven't been officially sworn in as witnesses. To allow these statements to be considered as evidence in a legal context they must fall within one of the exceptions to hearsay law. A typical police report contains details about the car, driver and the victims involved in the crash, as well as the details of the incident and any evidence that was discovered at the scene. Many police reports include the officer's opinion about the cause of the accident and who is responsible for the incident. If you're not injured however, it is recommended that you always make a police report of any incident you're involved in even if the incident appears to be minor. There are many injuries that do not show up immediately and having a thorough record can make a big difference in helping you get the amount you are due for medical expenses.