Key Legal Factors In A Car Accident

Estimated read time 3 min read

According to the World Health Organization, there are approximately 1.25 million people that die as a result of road traffic accidents annually, which means around 4,300 people die every day due to the same reason. These numbers make road traffic crashes the eighth leading cause of deaths among individuals today, and outside these numbers, another 20 to 50 million people in fact either suffer from various injuries or even end up being disabled as a result of a car accident.

When you’re caught in a car accident, it’s important to understand that there are a few key legal factors involved that may help decide on your best course of action related to the incident. These are the following:

On Blame: Who Gets It?

When it comes to injury cases, seeking for compensation is a common thing to be expected. However, before a case on injury is won by the plaintiff, it’s important to first establish blame properly. Blame is an integral part of an injury case as this declares that a party has in fact caused the injury in question. Proving blame can be done in these parts:

  • The defendant has an obligation to provide reasonable care to the plaintiff, especially when it comes to the activity in question. In the case of a car accident, the defendant is obliged to keep other drivers, pedestrians, and even passengers safe by virtue of owning a vehicle.
  • The defendant has “breached” or broken this duty and obligation. There has to be an assessment if the driver in question has breached the duty because of recklessness or negligence, or if there was intention involved.
  • The defendant’s breach of the duty has caused the injury in question.
  • Establishing blame properly can be an integral part of your case, as this determines whether or not you may or may not receive compensation.

On Compensation: The Damages

When it comes to compensation, it’s important to remember that there are various kinds of compensation for various kinds of “damages.” In the case of a person, damage done to them is called an “injury” and there are various kinds of compensation related to this.

  • Economic compensation involves quantifiable costs that have to be reimbursed throughout the course of the accident and the trial. This is because the plaintiff has spent their money on treatment that should otherwise be the burden of the defendant.
  • For instance, things such as hospital bills, therapy, medicine, and other expenses that could be attributed to the accident can be retrieved through economic compensation.
  • This is why it’s important to make sure you have documentation on hand, such as receipts, records, and correspondences.
  • Non economic compensation involves qualitative things the plaintiff has lost due to the accident. These may involve pain and suffering, the mental and emotional strain on the plaintiff due to the subject, the trauma they may have experienced, relationships that may be ruined, and job opportunities that might be lost.

Conclusion

When it comes to car accidents, it’s important to understand that it’s important to first and foremost make sure you’re safe and you haven’t suffered major injuries. Unfortunately, car accidents can also have a profound effect on various aspects of your life. It’s important to get a good grasp on your legal options and key considerations before moving forward on what you’re supposed to do. Do click here for legal assistance on the matter.

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