Auto Accidents are a serious form of a Personal Injury Accident. In proving any Personal Injury case, the key is making sure that it falls under the legal definition itself. Before you get behind the wheel, every driver has a responsibility or duty to keep their car under control and to drive in a manner to avoid colliding with other automobiles. The fault of the accident usually lies with the driver involved. These cases usually result in automobile insurance companies deal with the damages.
Sometimes, other people's negligence causes accidents. Perhaps the road was not safe or properly maintained. In this case, the city, municipality, or state is held accountable for damages done. Maybe the signs were not maintained and as a result were difficult to read; whoever is supposed to maintain the signs is held liable.
Maybe there was a problem with one of the vehicles involved? There have been situations where auto manufacturers, repair shops, and tire manufacturers were held liable. In these cases, proving negligence can be difficult. You would need to find to investigate case laws to see if cases like yours have been won.
As permitted by law, you may seek recovery after an accident. The main focus or concept of this is the tenant that you should be compensated in a manner to make you whole again. These are compensatory damages. This means that you should be placed back in the same position as you were before the accident, as best as the law can do. In doing this, the law recognizes that your losses can come from many different forms. You may have lost your wages while you were injured. You may have medical expenses. You may have suffering, or pain and suffering. You may be scarred, or disfigured from the accident. You may have lost your ability to work, and earn money. You may even have lost the ability to be intimate with your spouse, or loss of consortium.
Punitive damages can even be given when someone else directly caused your injury or disability through a car accident, something that doesn't often happen. Using a product that had an unforeseen accident or side effect, leaving you injured, can also give you the right to collect punitive damages from the company involved. You'll get punitive damages along with the compensatory damages you would normally get.
Depending on the state, you may only be able to collect on compensatory damages due to no fault laws. You will not be able to get punitive damages if you incur an accident in these states. All you can get back is money for lost pay, medical bills, and damaged property, and no more than that. You may not even be able to be compensated for mental anguish damages. The best thing you can do is consult an experienced lawyer to find out how strong your case is, and what you can potentially get. Knowing if you're in a no fault state can help you as well.
Author Resource:
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