The laws governing auto accidents and injury liability are considered widely referred to as personal injury law. Auto accident and injury cases are legally called a "tort." A "tort" as it relates to injury and property damage is defined as negligent or intentional civil wrong that injures someone in some way, and/or directly causes property damage.
In general terms, the law allows the victim of an auto accident who is injured as a result of the negligence, recklessness, or carelessness of another to legally seek compensation and potential monetary damages.
Auto accident victims often sustain diverse types of injuries of varying levels of severity. When an individual is injured in an auto accident, they must often seek medical treatment and endure length periods of physical therapy, which in some cases may last for months, years, or even the rest of the victim's life. Medical medical bills can be very daunting, especially when the victim is forced lose essential wages due to missed time from work.
Significant property damage to the victim's automobile may also cause a financial hardship and make getting to work or medical appointments extremely difficult.
Auto accident and injury liability claims may be resolved through mediation, a trial by judge, or a trial by jury. For the purposes of the information provided below, the "court" or "jury" will be referred to as the "court."
The first thing the court will establish is if there is sufficient evidence establishing who is at fault and who is the victim. The court will also ensure that both parties "in good faith" made every reasonable effort to resolve the auto accident and injury dispute through proper negotiation and/or mediation. If the auto accident and injury dispute could not be successfully resolved through negotiation and/or mediation, the court will hear relevant evidence and witnesses relating to the accident.
The court will also consider other important issues in determining appropriate compensation and potential monetary damages relating to your auto accident injury case including, but not limited to:
In the event that a death has resulted from an automobile accident, immediate family members of the victim may seek justice in the form of a wrongful death liability lawsuit.
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JOSHUA E. SCHOEN, P.A.