Accident Law encompasses various laws related to car crashes. An experienced attorney can help clients secure fair insurance settlements and identify hidden crash causes – or in extreme cases file suit against negligent parties who contributed.
Once an accident has taken place, it’s essential that a record is kept of what transpired immediately following. Doing this can prevent parties who seek to exploit your situation from making accusations that may end up costing more in legal fees than initially estimated.
Defining an Accident
An accident is defined as any unexpected occurrence which causes bodily harm or financial losses, be it intentional or accidental, and can occur both in the workplace and in everyday life.
Professionals working in occupational safety and health must clearly define accidents so they can investigate what caused them and strive to prevent similar incidents from happening again. Their investigations often center around what caused an incident rather than who is to blame.
In occupational health and safety, accidents are typically classified by their severity. An accident requiring sutures might be seen as more serious. The severity of an incident determines its response time as well as if its results will be recorded in a company’s job hazard analysis database.
Some safety professionals prefer using the term incident instead of accident in order to remove any connotations of blame and guilt associated with this word, enabling more productive discussions between workers and safety professionals on how an accident may have taken place.
Safety and health professionals often interpret an accident according to OSHA regulations, which require certain outcomes of each event to be documented in an incident log that can later be reviewed during inspection, investigation, or audit procedures. As a result, many organizations strive to keep their total number low in order to avoid an inspection from OSHA and potentially incurring fines or audit procedures.
Injuries Caused by an Accident
Accidents can result in injuries such as broken bones, scarring, and organ damage that are often severe and have long-term repercussions that affect a person’s health, quality of life, and ability to work; not only that but they often also result in costly medical bills that victims cannot afford to cover.
Accidents involving cars may also lead to psychological harm, including chronic pain and depression. Though such damages aren’t usually covered by insurance claims, you may still be entitled to seek justice by filing a civil suit against those responsible.
At-fault drivers are held liable for all injuries and damage resulting from accidents where they breached their duty of care to other road users. This involves acting reasonably and prudently when driving; something people would do normally throughout their daily lives.
Personal injury lawyers help their clients identify the full scope of damages claimable from negligent parties and demonstrate how these occurred as a direct result. Some states utilize pure comparative negligence law, allowing injured parties to recover even when partially at fault for an accident – as opposed to modified comparative negligence, which prohibits victims from recovering any compensation if their involvement exceeds 50% in an incident.
Damages Caused by an Accident
An accident can leave behind significant financial repercussions and expenses, such as medical bills and repair bills for both yourself and others involved. Anyone found responsible should be held liable for their losses.
In addition to economic damages, you may also be entitled to non-economic ones – including emotional and mental distress damages. A severe injury such as traumatic brain injury (TBI) can dramatically alter the quality of your life; you could experience mood swings, posttraumatic stress disorder (PTSD), or other symptoms which interfere with daily tasks or provide for yourself and family members.
Property damage claims are also common following car accidents, and you could potentially receive reimbursement for repairs or replacement of both your damaged vehicle as well as personal items like shoes, clothing, furniture, and electronics.
In some states, judges will analyze evidence and assess who bears most of the blame for an accident based on comparative negligence rules. If they find you to be 50-51% responsible, you won’t be eligible to recover compensation; however, some states offer pure comparative negligence laws which allow victims to file claims even if they were 99.9999% responsible. Other states impose modified comparative negligence rules that prohibit victims from filing claims when even one percent responsible is found responsible.
Getting Compensation After an Accident
Car accidents can have a dramatic impact on your life, with costly medical bills and reduced mobility as the results. While legally responsible parties should cover these expenses, their insurer may attempt to find ways to limit payments as part of a strategy to maximize profit and decrease payouts to their clients.
As soon as a crash has taken place, it is crucial that you contact an experienced car accident lawyer immediately. He or she can review all aspects of your case and identify all damages sustained; furthermore, they can provide advice on how best to safeguard your rights.
Your lawyer will take into account all the long-term effects of your injuries when building your claims, such as reduced quality of life and lost income due to inability to work; damages to family relationships negatively impacted by injury; etc.
As well as receiving compensation for emotional injuries and disfigurement caused by your injuries, you are entitled to pain and suffering compensation as well. Calculating this damages amount may prove more difficult, however. Therefore it’s vital that your lawyer fully comprehends all available damages available so they can ensure you receive full compensation for their injuries.