Phoenix is a metropolitan city with a massive population. Given the geographical and climatic conditions, many residents prefer driving to work or to get around the city. Having a car also benefits families who might want to explore the nearby natural landscapes. However, given the proliferation of vehicles on the streets of Phoenix, accidents have been a constant source of misery for local communities.
Although car accidents can lead to tragic outcomes, victims should know that a legal restitution process ensures wrongdoers are brought to justice. However, the process is paperwork-intensive and requires careful legal strategizing. This is why victims of road incidents must consult competent legal firms like Gallagher & Kennedy. Before your initial consultation, brush up on the basics so you can make sense of the information discussed during the consultation with the lawyer.
A negligence case may arise when a car driver fails to act responsibly and reasonably on the road. Negligence could involve speeding, running red lights or stop signs, ignoring traffic signals or signs, driving under the influence of alcohol or drugs, driving while tired or sleepy, etc.
If an innocent individual suffers injuries due to a negligent act by a driver or another party involved in a collision involving a car accident, victims may have grounds for pursuing compensation due to someone else’s negligence.
Liability refers to who is legally responsible for damages from a car accident. Liability could result from several factors, such as the car driver’s (its employer’s) failure to conduct proper maintenance checks and perform repairs where necessary. Based on the evidence presented, liability is ultimately determined by the court.
Compensatory damages refer to monetary rewards during a lawsuit trial for injuries sustained from a car accident. These damages seek financial rebalance for loss suffered because of wrongdoing caused by another party involved in a car collision. These damages can be awarded for medical bills, property damage, lost income, emotional distress, and physical pain, which were incurred through no fault of yours.
Litigation refers to proceedings that occur within court procedures, including filing paperwork and taking testimony from witness statements before trial. If you’re not represented carefully throughout your litigation process, accident claims may be difficult when facing the aggressive legal teams of the defendant’s legal team.
Mediation refers to a process commonly initiated by the court. It places the parties together in a gathering facilitated with an objective third party aimed at resolving their dispute without the need for litigation or court hearings. For some claims, mediation is expected as mediation can result in faster resolution with much more economical costs than litigation.
Statute of Limitations
The statute of limitations stipulates time frames for lawsuits to be brought forward to a court or risk dismissal. Each state has its limitations period on when accident claims can be filed, and if they are not resolved within that period, then courts may deny due diligence.
Comparative negligence is used in cases where one person is found partially responsible for any damage incurred during a car collision. E.g., if the victim were found 20% reliable, compensation would rightfully reduce this percentage, causing a reduction of compensation payout from the defendant.
Discovery refers to the extensive exchange of both sides’ information, evidence, and witness statements before proceeding with any car accident trial case.
A lawsuit settlement refers to an agreement reached outside court procedures after successful negotiations between both parties after mutual consent signatures have been appended by all affected parties. A settlement generally results in a lower payout value while saving time and resources in courts. However, it also requires solid evidence presented, notably supported by your lawyer.
Car accidents may cause severe injuries and significant damage. By familiarizing themselves with these critical terms associated with car collisions, individuals will better understand their rights and secure fair compensation for damages suffered through no fault.
Legal practitioners such as lawyers specialized in car accident laws would ensure safety triggers are well guarded. They also provide other useful tips for victims, including sound legal representation required for justice to prevail.