If you’ve been injured in a car accident, you need to be aware of the legal responsibility that the other party owes you. Whether you’ve been in a fender bender, or a full-scale collision, you need to know your rights. Read on to learn about how to ensure you get the justice you deserve.
Legal responsibility for a car accident boils down to negligence
Regardless of the type of car you drive, it is possible to get into a car accident and be injured. The fact of the matter is that these accidents happen, but you can avoid the pain by following a few simple guidelines.
One of the best ways to get compensation is to find out who was at fault for the crash. Then, you can file a claim with your own car insurance company.
The best part of this is that you can often choose how much of the money you receive. In fact, it is common for insurers to split a settlement into smaller payments to expedite the process.
You may even be able to sue the vehicle manufacturer. A vehicle that is defective or maintained in a negligent manner can exacerbate the damage and result in liability.
Punitive damages are awarded for conduct that’s reprehensible
Punitive damages are awarded to the plaintiff in cases where the defendant is found to have committed a defamatory act or engaged in malicious or reprehensible conduct. They are not generally awarded in cases of breach of contract or negligence. You will need car accident lawyers to help.
Punitive damages are usually awarded on top of compensatory damages. In a court of law, the jury determines the extent of the injury and the degree of economic harm that was done to the plaintiff.
The award of punitive damages is meant to admonish the defendant to refrain from similar conduct in the future. It is a warning to others to avoid similar conduct and also serves as an example for the defendant.
Punitive damages may be awarded in any number of tort actions. Some of the most common are automobile accidents, fraud, defamation and deprivation of privacy.
Document the scene of the accident
After a car accident, it’s wise to document the scene in order to strengthen your case against insurance companies. While writing a formal report can take time, digital technology has made it possible to record the accident in a snap. This information can help you to claim your fair share of compensation from the insurance companies.
Depending on the size and scope of your accident, you may be able to get away with simply presenting a police report to the other driver, but there are other important things to do at the scene. These include gathering evidence at the scene of the crash, photographing objects of interest, and identifying and contacting witnesses.
The best way to document an accident is to take pictures. You’ll want to get close up and far away shots of everything from skid marks to the interior of the vehicles. As you’re snapping away, you’ll want to remember to note the weather, landmarks and other items of interest.
Avoid giving a recorded statement
When you are involved in an auto accident, the first step you need to take is to contact your insurance company and get an appointment with your car accident lawyer. The next step is to take notes about the accident and take photographs of the accident site. If you are injured, call 911 right away.
Afterward, you may have to provide a recorded statement to your insurance company. Before you do, you should consult with your lawyer to ensure that your statements don’t harm your claim.
Providing a recorded statement can be a stressful experience. You may be under pressure to complete a report as quickly as possible. Inexperienced individuals can make a mistake that could affect your claim.
Usually, your attorney will tell you not to give a recorded statement. Nevertheless, insurance companies can use the information you provide to discredit you and deny your claim.
