Accident Advice From An Attorney

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By Anthony Flores

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.

In some cases, however, someone else may have caused your accident, leaving you not at fault for it. This could happen due to the other driver's negligence, or even driving on unsafe roads. If you drove on improperly maintained roads, the city will be responsible. Even in matters as simple as ill placed signs, the municipality in charge of that maintenance is at fault for your accident, and should be treated as such.

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.

Following an accident, you are permitted to get medical attention. Personal injury cases are contingent on the belief that anything you lost because of something that wasn't your fault should be compensated for. They are known as compensatory damages. When you are awarded damages, they should be sufficient to allow you to be back to the way you were, in some financial form. There are many ways you can incur losses from an accident, apart from the obvious. Being injured leaves you unable to earn money through wages. There are medical bills to pay. Add to that the personal grief you've suffered. The accident may have left you permanently disfigured. You could be disabled and be unable to work in the long term. Loss of consortium involves the accident leaving you to have sexual intercourse with your spouse.

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.

Some states have "no fault" laws that limit damage collection to "economic only" recovery. This means that they don't allow collection of "punitive damages". You might only be able to collect for actual wages lost, damaged property, and medical expenses. In some states, there is a limit on pain and suffering damages and in others they can not be recovered. You should consult with an attorney to find out about your case and rights. Confirm whether or not you are in a "no fault" state.

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