Car accident law involves a thorough investigation of the crash, examining evidence from eyewitness testimony to police body cam footage. Lawyers at Attorney Big Al estimate medical expenses and future lost wages to calculate economic damages.

Moreover, attorneys prove negligence by showing four elements: a duty to act a certain way, a breach of that duty, causation between the breach and injuries, and actual harm.

Duty of Care

A key element in any car accident case is the duty of care. This is the legal obligation that all parties have to act in a manner that will keep other people safe. The standard that is required depends on the circumstances, but in general, all individuals are expected to act as a reasonable person would in a similar situation. If a person fails to meet this duty, they may be held responsible for causing injury or death. Your job as a plaintiff, and that of your lawyer, is to show that the defendant did not exercise reasonable care in the incident that caused your injuries.

Most people are aware that they have a duty to drive safely, but there are many ways that a driver could fail to meet this standard and cause a car accident. For example, driving while intoxicated is a clear violation of the duty that all drivers have to one another. Another common way that a driver can breach their duty is by driving recklessly. This might include speeding, following other drivers too closely, sending text messages while driving, or engaging in other behaviors that can distract or take their attention away from the road.

The duty of care extends to all people using the roads. This includes other drivers, passengers, bicyclists, and pedestrians. For example, if a hazard forms on someone’s property and it is known to other people, the owner has a duty to either fix it or adequately warn those who visit the property about the hazard.

If a person is injured on your property, you have a duty to make that individual as comfortable as possible while waiting for medical personnel to arrive. This might include moving the individual to a safer location, keeping them warm and dry, and providing food and drink to prevent dehydration.

It is also a person’s duty to maintain their vehicles in a safe and functioning condition. For example, a car owner should regularly inspect their vehicle to find any problems that need repair or replacement. If a car owner does not do this, they could be found negligent for any accidents that result from faulty maintenance or other failures to properly maintain the vehicle.

Breach of Duty

The first element of a car accident claim is proving that the defendant owed you a duty of care. This duty can be established through a legal relationship, contractual obligation, personal commitment, custom or sense of morality. Once you have established a duty, the next step is establishing that the defendant breached that duty. This is when the defendant acted negligently and directly caused your injury. For example, a driver owes a duty to obey traffic laws and drive safely. The driver would breach this duty by running a red light and causing a crash with you.

Proving the breach of duty is just one part of a car accident claim. You also must prove causation and damages. Causation is the direct and proximate cause of your injuries. This means that the defendant’s actions were a direct cause of your injuries and losses. This can be difficult to prove without sufficient evidence. To prove causation, you will need to provide documentation of your medical bills, lost wages and other losses. An attorney can help you obtain this evidence.

It is important to remember that the defendant can argue that you were also partly responsible for your accident. This is because New York follows the law of pure comparative negligence, which allows victims to recover damages that are proportionate to their share of fault. If you are found to be more than 50% at fault, you cannot recover any damages at all.

You may be able to gather evidence from several sources, including police reports, witness statements, medical records and expert testimony. However, gathering this evidence can take longer than you might think. This is especially true when you are dealing with the aftermath of a car accident and trying to get your life back on track. Fortunately, a qualified attorney can help you navigate this process and ensure that you are getting the compensation you deserve for your injuries and losses. For more information, contact Enjuris today to schedule a free consultation with an experienced car accident lawyer. We have offices in New York City, Long Island and the Hudson Valley.

Causation

Car accidents are often devastating events that can lead to serious injuries and financial hardship. Having an experienced attorney on your side can make all the difference. Your lawyer will ensure that your rights are protected and that you receive the compensation you need to make a complete recovery from your accident. They will help you win your case by proving that the other driver was negligent and that their actions or inactions caused the accident. There are several different types of damages you may be entitled to under New York law, including medical expenses, lost wages, property damage, and pain and suffering.

Medical expenses include emergency treatment, hospital bills, doctors’ visits and consultations, physical therapy sessions, surgery, medications, and other related costs. This also includes any necessary medical equipment, such as wheelchairs and prosthetic devices. The scope of your medical expense compensation will typically mirror the extent of your injuries, so that you can recover for all of the cost associated with them.

Lost wages are the money you would have earned if you were able to work but could not because of your injury. This compensation will account for the days, weeks, or months you went without a paycheck because of your injury. It can also include future wages you may lose because of your inability to return to work.

Damages for pain and suffering are designed to compensate you for your physical, emotional, and mental trauma that resulted from the crash. This includes anxiety, stress, depression, loss of enjoyment of life, and other psychological effects. It is important to have a knowledgeable car accident lawyer handle your claim because they can help you prove the nature and extent of your injuries and the impact they have had on your quality of life.

It is not uncommon for multiple parties to be liable for the car accident. In such cases, New York car accident law allows you to seek compensation that is reduced by your percentage of fault. This is known as comparative negligence. For example, if you ran a stop sign and the other driver was twenty miles over the speed limit, New York law might find both drivers liable for the crash and award each of you a share of the damages that are calculated.

Damages

When an accident causes injuries to a victim, the victim can receive damages to compensate for his or her losses. Generally, these damages are divided into two broad categories: economic and non-economic damages. Economic damages include the costs of relatively objective expenses like past, present and future medical bills, lost income or earning capacity and property damage. Non-economic damages are more subjective, and can account for things like emotional suffering and loss of enjoyment of life.

The financial impact of a car accident can be quite substantial. Therefore, victims should seek legal counsel to ensure they are receiving adequate compensation for their losses. An experienced attorney can help clients establish their financial losses through documentation, including medical bills, medical records and receipts for prescription drugs, mileage for doctor’s appointments, vehicle repairs or other related expenses. In addition, a skilled lawyer can utilize expert witnesses to provide testimony on topics that are difficult for ordinary people to understand. Expert witnesses are qualified to give professional opinions based on their expertise and education, such as doctors who can explain the physical and psychological effects of a car accident.

Victims can also pursue non-economic damages that are not readily quantifiable. These can include pain and suffering, inconvenience, anxiety or distress, permanent injury, disfigurement, loss of consortium, and punitive damages in extreme cases involving gross negligence or willful misconduct.

Regardless of the type of damages claimed, it is important to keep in mind that victims must file their claims within a certain timeframe after a car accident. Otherwise, a court may dismiss the claim. In addition, it is important to refrain from admitting fault to anyone, either to the other driver or witnesses at the scene of the accident.

In some states, such as New York, a no-fault car insurance policy may provide some immediate relief to cover medical expenses and other losses up to a certain amount without considering who was at fault for the accident. However, if you are found to be partially at fault for the crash, your recovery will be reduced by your percentage of fault.