A car accident lawyer is a professional lawyer who offers legal representation to individuals who claim to have been harmed, either physically or mentally, as a result of another individual, company, government service or any other entity deemed responsible for the accident. Personal injury lawyers mainly practice in the field of law called tort law. In this area of law, there is the concept that an individual has a right to seek compensation for an injury or loss that he has sustained as a direct result of another person’s or entity’s negligence. The English common law developed the concept of tort law, and it is also the principle of law that allows the injured party to be compensated for injuries that he/she has suffered. Tort law differs from civil law in that civil law typically aims to settle disputes in a civilized manner while tort law attempts to provide its client’s just compensation.
Comparative Negligence
Comparative negligence refers to the act of negligence on the part of a driver with the effect being that the driver causes damage to another individual, vehicle, or property when driving. A comparative negligence claim is when an individual claims that another driver caused him/her wrongful damages due to the negligent act of the first driver. For example, if a pedestrian is crossing a street when a driver neglects to stop and signal, the pedestrian may file a comparative negligence claim. The damages that can be claimed in a case such as this depends on many factors. However, the most common damages awarded in cases such as this are for punitive damages. I am living in West Palm Beach, and in case of any accident we have some very good and experienced West Palm Beach auto accident lawyer in our area.
Punitive Damages
Punitive damages are awarded to punish people who are guilty of auto accidents. Then, some were not involved in any car crashes but have been unfairly accused of causing car crashes. In order to determine who gets what, there must be a trial which is usually followed by a damages award. However, in car crashes, the verdicts often do not always reflect the jury’s true feelings towards the defendant. Suppose the case does end up in a court of law with a judgment for punitive damages. In that case, the victim will be able to receive compensation for their pain and suffering, medical bills, past and future loss of earning capacity, physical disability, past and future loss of earning potential, and in some cases even punitive damages.
Settlement
In many states, there is a mandatory settlement requirement for auto accident claims. This means that if your car crash lawsuit ends up going to court, you must reach a monetary settlement before the case can proceed to trial. Usually, the settlement amount will depend on many factors, including the severity of the crash and the amount of damage to the car or vehicle. In addition to reaching a settlement at the beginning of the case, you will also need to request a jury verdict in order to ensure that the insurance company settles with the individual. The insurance company has the right to try and prove that you were not driving your car at the time of the crash. In order to make this possible, a team of experts will need to look over the car and any witnesses that may have been called to testify.
In many cases, victims of an auto accident may feel bitter toward the other vehicle’s driver. Whether it was negligence or another factor, the jury will be made aware of all of the facts at the end of the day. Whether the driver caused the accident or not, the driver will be found liable for any injuries or damages that were sustained as a result. You should always seek the representation of an auto accident attorney that specializes in these types of cases. Your attorney will be able to better explain the specifics of your situation so that you are fully informed about the available options.
Insurance
If the driver was not under the influence of drugs or alcohol, but was operating an uninsured vehicle, he may be held legally responsible. If the driver caused serious injuries to you and others during the crash, you may be entitled to compensation from the liable party. You should discuss whether any of the drivers in the accident had an insurance policy that would cover any or all of your injuries with your auto accident attorney. If so, you should ask if your attorney can get your damages paid for you.
Another factor to consider is the behavior of the individual driving prior to the crash. Were they speeding, doing erratic driving, swerving or ignoring other drivers? If the answer is yes, you may be able to use this as a basis for suing the driver. It is also possible for you to win your case through the use of road rage or vehicle malfunction theories. If you suffer serious injuries in car crashes, there is no excuse for not seeking compensation.
No one wants to be involved in car accidents. However, it is important to remember that the majority of car accidents happen on icy roads. If you are unfortunate enough to become involved in one of these accidents, it is important to quickly contact an auto accident lawyer. A reputable legal firm will do everything possible to work with you and your representatives to find the necessary compensation to cover your medical bills, lost wages, pain and suffering, and more. However, it is important to remember that many insurance companies are not eager to settle driver error claims unless they are confident that the claim has merit. Your rights, along with their rights, are what will ultimately determine the outcome of your case.