What You Need to Know About Accident Legal Matters The unexpected and typically sudden events that happen without intention or inclination, however sometimes due to carelessness, ignorance or even a lack of awareness Accident lawyers will review your medical records, speak with witnesses and expert experts like life-care planners in order to determine how the injury will impact your future They are experienced in dealing with insurance adjusters and know how negotiate an equitable settlement Negligence In legal terms, negligence is a tort Torts are civil wrongs which fall under a different category than criminal crimes Negligence cases are those in which the defendant is unable to apply a reasonable amount of care and prudence in their actions or actions The failure could result in unintentional injury or harm to someone else Negligence can be a significant cause of accidents and injuries This includes car accidents or slip and fall accidents in businesses, restaurants or private residences, and medical negligence when doctors fail to follow the guidelines of care A negligence claim involves four key elements which are duty, breach of duty, causation and damages The defendant must first be liable to the plaintiff for the duty of care This could mean a duty to perform some act or to do something under specific circumstances In the case of a car wreck, for example everyone is required to be safe and obey traffic laws The defendant must then breach this obligation by acting negligently or recklessly in any way This could be driving while texting or speeding, or not wear a seatbelt This breach must have caused the victim's injury A defendant isn't liable for injuries if they was caused by an other circumstance, like the victim being upset or anxious or a natural catastrophe which was out of their control If the court decides that the defendant owed the plaintiff a duty of care the next step is to demonstrate that the defendant violated this duty by not taking action or taking an act that violated this obligation It could be an act or an or omission The court must decide that the breach directly contributed to the victim’s injury or loss This can be proved through an established causal link that is a direct connection between the breach of duties and the direct or proximate cause like in the examples above In the past, American court systems followed a law known as contributory negligence This meant that a victim was not entitled to compensation if had even been partially responsible for their own injuries But, many states follow a doctrine called pure comparative fault or negligence, which allows victims to recover less compensation, based on their responsibilities for the incident Damages Damages are awarded in accident legal proceedings to compensate victims for their losses General and special damages may be awarded in a variety of forms Special damages are tangible and easy to prove They include medical bills, property damages, and out-of pocket litigation and court costs General damages include emotional pain and suffering, loss of enjoyment of living, physical impairment, disfigurement, and other damages that are not tangible In the course of investigating your case, we'll review and analyze all documents available related to the incident This will help us create a complete picture of your losses and establish the amount of damages you are entitled to Our lawyers will collaborate with experts to ensure that all damages are accurately assessed and calculated Economic damages are those that can be proven through an official paper trail and are generally easy to calculate They include medical bills, property damages, and lost wages Our lawyers will collaborate with experts to estimate future economic damages, such as ongoing medical care costs or loss of earning potential Non-economic damages are difficult to quantify since there isn't an exact monetary value to these kinds of losses Common non-economic damages arising from car accident cases include pain and suffering loss of enjoyment life, emotional distress and loss of consortium Pain and suffering is often dependent on the severity of your injuries and how they affect your quality of life Loss of enjoyment of life refers to the impact of your injury on your ability to participate in activities you love, such as recreational or leisure activities This category also includes physical impairment and disfigurement, which can have a an adverse impact on your daily routine Punitive damages are rarely awarded in car accidents however, they can be awarded in cases where the conduct of the defendant was particularly outrageous for example, the case of reckless conduct or fraud These kinds of damages are meant to punish the defendant and discourage others from engaging in similar behavior Expert Witnesses Expert witnesses are an essential component of an effective personal injury case These are professionals who have not witnessed the accident, but who have education, training, or experience with the specifics of the claim that they can impart to the jury Often, a car accident expert will be called to provide an in-depth analysis of the crash This is especially the case in the event that there aren't any eyewitnesses They may be asked to recreate the accident, or create physical and computer models to show how a crash occurred Their expertise can assist attorneys gain a better understanding of the accident that they can then use to convince insurance companies or a jury that you have a right to compensation for your injuries Another type of expert witness is a medical expert They are doctors who testify to the medical condition of a victim or to the injury they suffered in a crash They can explain to jurors how the accident may be the cause of the condition They can also provide advice about treatment options and options for recovery Engineering experts are also often involved in claims involving car accidents They can provide information on a wreck's technical aspects, like road design, the construction of buildings and other physical properties involved in the collision, and even vehicle designs https//vimeocom/709741334 will determine which types of experts are most beneficial in your specific case Mental health professionals are often utilized in personal injury cases They can assist in estimating the value of emotional injuries like pain and suffering and loss of enjoyment In general, an expert must be licensed in the field they testify in However, there are exceptions to this requirement and the laws vary from state to state Personal injury lawyers are the best to ask about expert witness laws in the state In many states, experts are required to identify their qualifications and areas of their expertise prior to being called to testify This is to avoid any possible bias or conflicts of interests Time Limits Based on the circumstances, you may have a different period for filing a lawsuit against the party who caused the accident These are known as statutes of limitations and vary widely among states If you do not meet the deadline, your case could be dismissed It's crucial to talk to an experienced lawyer as soon as possible following an accident to ensure you don't have to miss the deadline for statute of limitations In New York, for example the statute of limitation is three years after an accident in the car However, this doesn't mean that you have to delay until the deadline to file a claim It's best to file earlier, as the details of the accident are still fresh in your mind This can also aid your attorney to find and speak with witnesses You may bring a civil lawsuit against the person who caused the accident, if you need compensation for personal injuries or property damage A lawsuit must be filed before the time limit expires Otherwise, you'll not be able to hold another person accountable The clock begins to tick when you suffer an accident In certain circumstances, the time limit for filing a claim may be extended For instance, if the injury isn't immediately obvious and you aren't able to identify it immediately, your case can be held open by using the discovery rule Minors are also subject to a specific time limit If a ***** is injured during an accident in a car, they have two years to file a lawsuit against their own injuries before the statute of limitations expires When you sue the local or municipal government the statute of limitations is much shorter If you are involved in a crash with the City of New York garbage truck, police vehicle, or Sanitation Department pick-up truck, for example, you'll have only 90 days to submit a claim before the statute of limitations is cut off