Getting in an auto accident is truly distressful. It’s no fun at all¾especially when it comes to the aftermath. If you’ve just had an auto accident, your next line of questions is all about the injuries and damages you have incurred and how you will be able to get compensated for such losses. So, below are the things you need to know in a legal sense if you had an auto accident:
- File A Police Report: If you’ve just gotten into a car accident, the filing of police reports is necessary. Yes, you heard it right. A police report provides an impartial report completed by a third party (particularly a police officer at the accident). Here, essential information such as the parties involved, statements of the drivers, place and time of the crash, and even its actual pictures are needed as pieces of evidence. It is considered an efficient way of determining the extent of damage suffered by the aggrieved party as well as the extent of liability by the offending party. It’s also better than just relying on other people’s stories or your story in particular. If you’re planning to take legal action against the offender, filing a police report is required by insurance companies to establish liability. It will also support your monetary claims once you bring a personal injury lawsuit to court.
- Determine Who is Liable for the Auto Accident: In most cases, car accidents are caused by various factors. Some of these are the driver’s negligence, defective vehicular parts and even roads which are poorly maintained. Whatever these factors are, you have to know your rights under the law. If you are blamed by the other party, it’s vital that you consult your attorney and do not just volunteer any information to the authorities, as it can end up being used as evidence against you. On the other side, if you’re the party sustaining injuries or damages, you can exercise your right of initiating money claims for the damage that the auto accident has brought about. If you’re able to determine who is liable, the process should progress more smoothly.
- Consider A Compromise Settlement: Filing a civil and criminal action before the Court of Law is generally costly and timely. The time period involved in filing the case and the payment of attorney’s fees and other monetary awards should be considered. That’s why, before pursuing your legal claims, you may have the option of entering into an amicable settlement with the other party involved, including arrangements initiated by the insurance companies. In this manner, you may be able to prevent yourself from paying massive legal costs such as docket fees, attorney’s fees, and other filing charges. However, not all compromise settlements are successful¾and if this is the case, your final recourse could be the filing of a lawsuit.
- Pursue Legal Action to Recover Compensation for the Injuries and Damages: It’s true that the aftermath of an auto accident is a frustrating time¾and it’s usually common that parties resort to litigation to make things right between them. One of the important things to resolve in car accident cases is the recovery of damages on the part of the aggrieved party. As provided by traffic and personal injury laws, when a party is injured due to the negligence of the other, the former is entitled to recover compensation from the latter. Similarly, one should compensate the other for the damage done. In litigations like these, actual, moral, exemplary and other forms of damages are taken into account. Yes, that’s true especially when you’re the offended party who has suffered physical, mental and emotional anguish. Not just that! If the court finds merit in your lawsuit, you as the injured party may be awarded damages and other monetary claims for the loss of your earning capacity.
- Get An Attorney: If you’re involved in an auto accident, it’s best to get the assistance of a lawyer who can represent you during the litigations. The attorney may be able to help you recover damages as a result of the accident if you’re injured, or defend you if you’re at fault. He/she can inform you of the strengths and weaknesses of the case, which is helpful in determining the progression of the lawsuit. Keep also in mind that the filing of an auto accident case can result in more complex and severe consequences. That’s why it is advisable to contact an attorney who can help you get what is fair after the accident.
When you’re dealing with an auto accident, these are the things you should know legally to protect your rights under the law. Since car accident laws are different from one state to another, consider an attorney who has a thorough knowledge of the laws in the state where you reside.
About The Author:
Scott Jeffreys is a promising young lawyer that hopes to bring his youthful spirit in his field. He is currently writing for the Dolman Law Group and tries to add a refreshingly modern take to topics in the legal world that people can learn from. Scott enjoys his free time with friends and family and loves to cook for them.