Car Collision: Legal Terms Accident Victims Should Be Aware of
Phoenix is a large city that records thousands of car accidents annually. Data from the AZDoT shows that the issue has risen over time as more vehicles flooded the streets. Being involved in a car collision can be traumatic and overwhelming, especially when dealing with the accident's aftermath. In addition to physical injuries and property damage, victims have to deal with complicated legal processes involving various legal terms they might not be familiar with.
Victims must consult experts like Gallagher & Kennedy car accident lawyers to discuss the settlement process and get a case evaluation done. As such, accident victims must understand some legal terms related to car collisions. It understands the concept discussed with her to make more sense of the consultation process.
Personal Injury Protection (PIP)
Personal Injury Protection, or PIP, covers medical expenses and lost income if you are injured in a car collision, regardless of who caused the accident. PIP insurance is mandatory in some states, while others offer it as an option. If your state has this insurance requirement and you were involved in an accident, your PIP policy will cover medical expenses associated with the injuries you have incurred due to the collision.
Liability Insurance
Liability insurance refers to coverage that pays for damages or losses suffered by another person whose vehicle was damaged or who was injured because of your negligence in causing a car collision. It's typically required by law for drivers everywhere and mandated by most states before allowing drivers on their roads.
Negligence
Negligence refers to failure to act reasonably or take proper precautions leading to motor vehicle collisions. A driver who breaches his responsibility towards other drivers on the road could prove negligence under the law; these breaches may include but are not limited to driving recklessly over speeding, running stop lights/ signs, and failing to adhere to traffic signals.
Damages
The term "damages" refers to economic damages such as tangible losses like cost-associated repairs, medical bills, financial support, etc.). But they also refer to non-economic damages like physical pain, loss of consortium, emotional frustration, anxiety, and psychological distress, among other negative mental health effects following personal injury incidents.
Statute of Limitations
A statute of limitations requires plaintiffs pursuing cases against parties liable for damages to be pressed within a set amount of time (commonly 2-3 years) after the incident. This is important because failure to file claims or take legal action can end up losing your rightful claim to seek compensation.
Comparative Negligence
Sometimes a victim may also be responsible for an accident. When this happens, comparative negligence comes into play, where the court will look at various circumstances and assign liability percentages accordingly. For instance, if Mary were 40% responsible for causing the collision while John bore 60% - Mary would only receive a portion of the total compensation relative to her assigned level of responsibility.
Contingency Fee Arrangement
The arrangement states that you don't have to pay upfront charges to your lawyer handling your case until the verdict is read. The lawyer takes on all financial aspects of prosecuting scenarios, from investigation factoring fees to expert witness testimony to depositions.
Discovery
Discovery refers to establishing proof and validation evidence for personal injury cases like motor vehicle accidents. This includes witness accounts, filing discovery request forms signed under penalty of perjury, and other legal factors involved in assembling critical information.
Mediation and Arbitration
During mediation, the mediator helps the parties identify the underlying issues, encourages open dialogue, and explores potential solutions. The negotiator’s role is to facilitate a productive discussion and assist the parties in reaching a settlement that satisfies both sides. The informal and confidential process allows for more flexible outcomes than a court trial.
In binding arbitration, the arbitrator listens to the arguments and evidence presented by both sides and renders a final decision legally binding on the parties. The decision is typically based on the facts, evidence, and applicable laws. The parties agree in advance to abide by the arbitrator's decision, and it is enforceable like a court judgment.
On the other hand, non-binding arbitration serves as a means to evaluate the strengths and weaknesses of each party's case. The arbitrator's decision is advisory rather than binding. If the parties are unsatisfied with the outcome, they can pursue other legal options, such as filing a lawsuit.
Conclusion
Dealing with car collisions can be overwhelming, but understanding some key legal terms can make things less stressful once one understands what they are getting into better. Besides that, it's always essential that individuals seek out qualified and experienced lawyers.
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