What You Need to Know About Accident Legal Matters  
  
An unexpected and usually sudden incident that happens without intention or volition although sometimes through inattention, negligence, or ignorance.  
  
Accident lawyers can look over your medical records, question witnesses and expert experts like life-care planners to assess the impact of your injury on your future. They also have expertise dealing with insurance adjusters and are able to negotiate an equitable settlement.  
  
Negligence  
  
In legal terms the term "negligence" refers to a tort. Torts are civil wrongful acts that fall under a different category than criminal crimes. Negligence cases involve a defendant's failure to exercise a reasonable amount of care and caution in their actions or inactions. The result is accidental injury or harm to a person. Negligence can be a major reason for accidents and injuries. This includes car accidents or slip and fall accidents in businesses, restaurants or private homes, and medical negligence (when doctors fail to adhere to the guidelines of care).  
  
A lawsuit for negligence involves four elements such as breach of duty, causation, and damages. First, the defendant must oblige the plaintiff to perform a duty of care. It could be a duty to perform a task or to avoid doing something in certain situations. In a car accident for instance everyone is required to drive with caution and observe traffic laws. The defendant can then violate this obligation by acting negligently or recklessly in some way. This can include driving while texting or speeding, or not wear the seatbelt. This violation must have caused directly the victim's injury. A defendant is not responsible for an injury that was caused by another cause, such as the victim's nervousness or emotional state, or accident claims even a natural disaster beyond their control.  
  
If the court decides that the defendant owed the plaintiff a duty of care The next step is to prove that the defendant violated that duty by failing to take actions or taking act that was contrary to the duty. This can be either an act or an omission. The court must also determine that the breach of duty directly led to the victim's injury or loss. This can be established by establishing a causal link for example, a close connection between the breach of duty and an immediate, proximate source of the loss or injury as in the above examples.  
  
In the past, American courts used to follow a doctrine called contributory negligence, which meant that a victim would not receive compensation in the event that they were partially at fault for their own injuries. The majority of states are now using the model of pure comparative fault or negligence in a comparative sense, which allows victims to receive compensation that is less dependent on the extent to which they are responsible for the incident.  
  
Damages  
  
Damages are awarded in accidents legal cases to compensate victims for their losses. Special and general damages can be awarded in a variety of forms. Special damages are tangible and simple to prove. They include medical bills, property damage and out-of-pocket litigation and court costs. General damages aren't tangible and can include emotional pain and suffering and loss of enjoyment life, physical impairment, and disfigurement.  
  
During the investigation phase of your case, we'll analyze and collect all the documentation available in connection with your accident. This will enable us to 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 all damages are properly estimated and calculated.  
  
Economic damages can be demonstrated through the use of a paper trail and are generally easy to estimate. Examples include your medical bills, property damage and lost wages. Our lawyers will work with experts to estimate the future economic damages such as the cost of medical treatment or loss of earning potential.  
  
Non-economic losses are more difficult to quantify, since there is no specific monetary value assigned to these types of losses. These are the damages that are typically awarded in the event of a car accident. These include discomfort and pain, loss of enjoyment of the life, emotional distress and loss of consortium. Pain and suffering is often dependent on the severity of your injuries and how they impact your quality of life.  
  
Loss of enjoyment refers to your inability to engage in hobbies or other recreational activities. This category also includes physical impairment and disfigurement, which can have a negative effects on your daily life.  
  
Punitive damages are seldom awarded in car accidents however, they are possible to be awarded in the event that the defendant's behavior was particularly outrageous like when they committed reckless conduct or committed fraud. These types of damages are meant to punish the defendant and deter others from engaging in similar conduct.  
  
Expert Witnesses  
  
Expert witnesses are an essential component of a successful personal injury lawsuit. They are professionals who didn't witness the incident, but who have specialized knowledge, training, education and/or expertise regarding the specifics of your case that they can share with a jury.  
  
Often, a car accident expert is often called to provide an in-depth analysis of the crash. This is especially the case when there are no witnesses. They could be asked to recreate the accident or create physical and computer models to show how the accident occurred. Their expertise can help attorneys get a solid understanding of the accident which they can then use to convince jurors or insurance companies that you are entitled to compensation for your injuries.  
  
Another popular type of expert witness is a medical expert. They are doctors who be a witness to the medical condition or injury a victim suffered during a collision and accident claims explain to jurors how the condition could be the result of the crash. They can also provide advice about treatment options and ways to recover.  
  
Engineering experts are also frequently used in car accident claims. They can provide information on a accident's technical aspects, such as roadway design and the construction of buildings and other physical properties involved in the collision and even vehicle designs. Your lawyer can determine which types of experts will be most helpful in your specific case.  
  
Mental health experts are also often involved in personal injury cases. They can help quantify emotional damages, such as suffering, pain and enjoyment of life.  
  
In general, experts must be certified in the field they testify on. However, there are exceptions to this law and the laws vary from state to state. Personal injury lawyers are the best to ask about laws regarding expert witnesses in the particular area. In many states expert witnesses are required to disclose their credentials and areas of expertise before being called to be a witness in a court of law. This is to avoid any possible bias or conflicts of conflicts of interest.  
  
Time Limits  
  
Based on the circumstances, you could have a different period for filing a lawsuit against the party who are responsible for the incident. These are known as statutes of limitations, and they vary significantly between states. Your case could be dismissed if you fail to meet the deadline. Contact a lawyer as soon after an accident attorney as possible to avoid missing the statute of limitation deadline.  
  
In New York for example, you have three years to file a claim after an accident claims. This doesn't mean that you have to wait until after the deadline to submit your claim. It's often better to file earlier, while the details of the incident are fresh in your mind. This can aid your attorney to find witnesses and speak to them.  
  
You may file a civil suit against the person who caused the incident if you wish to seek compensation for personal injuries or property damage. A lawsuit must be filed before the statute of limitations expires, or else you will not be able to hold another party responsible.  
  
The clock starts ticking on the date of your accident. The statute of limitation can be extended under certain conditions. For instance, if the injury is not immediately apparent and you do not discover it immediately your case may be stayed open through a discovery rule.  
  
Minors are also subject to a specific time limit. If a child is injured in an automobile accident they have two years to file a lawsuit against their own injuries before the statute of limitations runs out.  
  
When you sue a municipality or local government, the statute of limitations is much shorter. If you're involved in an accident with the City of New York garbage truck, police vehicle, or Sanitation Department pick-up truck, for instance, you'll be given only 90 days to make a claim before the statute of limitations expires.