What You Need to Know About Accident Legal Matters Events that are unexpected and often sudden that occur without intent or inclination, however sometimes because of negligence, inexperience or apathy Accident lawyers can review your medical records, interview witnesses and experts such as life-care planners to understand how your injury will impact your future They also have experience dealing with insurance adjusters and know how to negotiate an equitable settlement Negligence In legal terms the term "negligence" refers to a tort Torts are civil wrongs that fall under a distinct category from criminal offenses Negligence cases are those where the defendant is unable to exercise a reasonable level of care and prudence in their actions or inactions This negligence can cause unintentional injury or harm to someone else Negligence is a leading cause of accidents and injuries This is the case with car accidents or slip-and-fall accidents in restaurants, workplaces or private homes, and medical malpractice when doctors do not adhere to the standard of care A claim for negligence is based on four elements such as duty breach, causation, and damages First, the defendant must oblige the plaintiff to perform a duty of care It could be a duty to carry out an act or to avoid doing something under certain conditions In a car accident, for example everyone is required to be safe and obey traffic laws The defendant must then breach this duty in a certain way, whether it's through being negligent or reckless This could be driving while texting or speeding, or failing to wear a seatbelt It is important to note that the violation will directly cause the victim's injuries A defendant cannot be held accountable for injuries if they was caused by another factor, such as the victim's emotions or nervous, or a natural disaster that was out of their control After the court has determined that the defendant was liable to the plaintiff the next step would be to prove that he breached this duty by failing to act or acted in a manner contrary to the obligation It could be an act or an or omission The court must also decide that the breach of duty directly caused the victim's loss or injury This can be proven through a clear causal connection that is a close connection between the breach of duty and the direct, proximate reason of the loss or injury as in the above examples In the past, American court systems followed a doctrine known as contributory negligence This meant that a victim was not entitled to compensation if he were even partially accountable for his or her own injuries However, most states now employ a system known as pure comparative fault or comparative negligence, which allows victims to receive reduced amounts of compensation depending on their responsibilities for the accident Damages Damages are awarded in accidents legal actions to compensate victims of their losses They can come in many forms and fall into two categories special and general damages Special damages are specific in nature and are easy to prove, such as medical bills, property damage and out-of-pocket litigation and court costs General damages aren't tangible, and may also include emotional suffering and suffering and loss of enjoyment life, physical impairment and disfigurement During the investigation phase of your case our team will gather and analyze all the documentation that pertains to your accident This will help us make a complete assessment of your losses, and determine the amount of damages you are entitled to Our lawyers will work with experts to ensure all damages are correctly estimated and calculated Economic damages are simple to determine and can be proved through a paper trail Examples include your medical bills, property damage, and lost wages If you are able to demonstrate future economic damages, like the cost of continuing medical treatment or loss of earning capacity, our attorneys will work with expert witnesses to help estimate these amounts Non-economic losses are more difficult to quantify, as there is no definite monetary value assigned to these kinds of losses The awarding of non-economic damages is common in cases of car accidents They include pain and discomfort, loss of enjoyment of the life, emotional distress and loss of consortium The amount of pain and suffering is usually based on the severity of your injuries and how they impact your quality of life Loss of enjoyment of life refers to the impact your injury has on your ability to participate in the activities you love, such as leisure or sports This category also includes physical impairments and disfigurement that have negative effects on your daily life Punitive damages for automobile accidents are not very common however, they can be awarded if the defendant's behavior was particularly outrageous, for example in the event that he/she committed reckless behavior or fraud These kinds of damages are designed to punish the perpetrator and discourage others from engaging in similar behavior Expert Witnesses Expert witnesses are a vital part of a successful personal injury lawsuit These experts are people who didn't witness the accident, but who have specialized expertise, training, or experience regarding the specific details of your case that they can provide to jurors Most often, a crash expert will be brought for a thorough analysis of the crash This is especially the case when there are no witnesses They might be asked to recreate the accident or create computer and physical models that explain the way in which a crash occurred Their knowledge can help attorneys gain a better understanding of the incident, which they can use to convince juries and insurance companies that you deserve compensation A medical expert is a common kind of expert witness They are doctors who can provide evidence regarding the medical condition of a victim or to the injury they suffered in a collision They can also explain to jurors what caused the accident that could cause the condition They can also give guidance on treatment options and ways to recover Engineering experts are often utilized in car accident claims They can discuss the technical aspects of a crash, such as the design of the road, the construction and other physical properties involved in the collision and the vehicle's design Your lawyer will determine which types of experts are most beneficial in your particular case Mental health experts are frequently employed in personal injury cases They can aid in calculating the value of emotional injuries, such as suffering and suffering as well as loss of enjoyment Generally speaking experts must be licensed to practice in the field that they testify about There are exceptions to this rule, and laws differ from state to state Personal injury attorneys are the best person to ask about laws regarding expert witnesses in the state In many states, experts are required to declare their qualifications and areas of expertise before they can be called to be called to testify This is to stop possible bias or conflicts of interest from arising Time Limits Depending on the circumstances, there are different time limits to file lawsuits against those who caused the accident These are known as statutes of limitations, and they vary widely between states Your case could be dismissed if do not meet the deadline Get a lawyer on the case as soon after the accident as you can to avoid missing the statute of limitation deadline In https//vimeocom/709651962 for example, you have three years to file a claim following an accident However, this doesn't mean you have to wait until after the deadline to submit your claim It is often better to file early, if you can still recall the details of the incident This can also make it easier for you to locate and speak to witnesses If you're seeking compensation for property damage or personal injuries, you may make a civil suit against the person who caused the incident But, the lawsuit must be filed within the prescribed time of limitations or else you will not be able to claim the other party's responsibility The clock begins to tick on the date of your accident The statute of limitations can be extended in certain situations For instance, if the injury isn't immediately obvious and you don't notice it in the first place, your case can be kept open through a discovery rule Minors also have their own rules in relation to time limits If the ***** is injured in an accident in a car, they have two years to file a lawsuit for their own injuries before the statute of limitations expires The statute of limitations is significantly shorter when you're suing an municipal government or local government entity If you are involved in a collision with the City of New York garbage vehicle or police vehicle, or Sanitation Department pickup truck, you'll only have 90 days to file an notice of claim