Accident Attorney – Accident Attorney Limitations on Non Monetary Damages
Posted by admin on September 23rd, 2010 filed in Accident Injury Law
According to California law, the driver responsible for an automobile accident is liable to pay personal injury damages incurred by the accident victim. The damages are both monetary and non-monetary. Monetary compensation include all the out of pocket costs incurred by the plaintiff because of the accident. These include all medical bills, nursing bills, therapy, psychological counseling and any future bills expected to be incurred due to the accident. The accident attorney may also seek compensation for loss of wages due to the accident.
Non-monetary bills, also referred to as pain and suffering, is the compensation that a plaintiff accident’s attorney seeks for the pain incurred and any other inconveniences caused by the accident. Since the compensation does not have any monetary value, the court determines an appropriate amount of money that is reasonable towards the pain and suffering.
In California and other states, the non-monetary damages have various limitations depending on the circumstances. These limitations are described below.
Driver Under Influence
If the driver of an automobile involved in a car accident was under the influence of drugs or alcohol, they are not liable to non-monetary compensation irrespective of whether or not they were to blame for the accident. The accident’s attorney may seek monetary compensation only. This is a punitive law that is targeted at discouraging driving under influence.
Car That Does Not Have Minimum Insurance Cover
Another situation whereby the law bars an accident attorney from seeking non-monetary compensation for an automobile accident victim is when the victim’s car does not have the minimum insurance cover. Different states have different minimum cover for all automobiles. If an car is already in violation of the state law by not having this minimum cover, the accident attorney may only get monetary compensation for the victim.
Driver that does not Have Minimum Insurance Cover
Besides having insurance on the victims vehicle, the victim also needs to have had minimum insurance cover. Various states have a minimum insurance cover for health and life. If the accident victim does not have this minimum, once again, the accident’s attorney can only seek monetary damages compensation. This law is in place to discourage people who are already in violation of state law to benefit from compensation.
Accidents are unknown to us all and what we loose cannot be returned, however, we should also see that we get what we deserve and here comes Accident Attorney. It is very important to understand that you are choosing the right firm as Accident Attorney.
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Key Questions To Ask An Austin Car Accident Attorney In A Consultation
It is inevitable that most people will be involved in an automobile accident at some point in the course of their lifetime. While a fender bender may leave you feeling shaken, a serious car accident can be devastating and result in serious injury.
If you have been injured in a car accident that occurred as a result of someone else’s mistake, it is a good idea to be prepared for the initial consultation with an Austin car accident attorney by making a list of any questions that you may have about your case. Here are some key questions to ask an Austin car accident attorney in a consultation:
Do I have a legitimate case?
One of the first questions you will need to ask is if you even have a case. Once you have related the details of the accident, your attorney will also need to review any accident reports and medical records. In order to be compensated for your injuries and other expenses related to the car accident, your Austin car accident attorney will need to prove that you were injured as a result of the accident and that the other party was responsible for those injuries.
How long will my case take?
It often takes many months for a car accident case to go to court. Many car accident victims agree to an out-of-court settlement so they are able to pay their expenses more quickly. Your Austin car accident attorney will be able to advise you as to the best choice for your case.
Are there any court costs or additional fees that I will need to pay?
It is also important for you to be prepared to pay court costs or any other fees associated with investigating your accident, if these items are not included in your attorney’s fees. Ask your Austin car accident attorney to clarify which fees you will be responsible for so that there are no surprises.
What receipts and other documentation will I need to provide?
It is imperative to save all documentation such as police reports, medical bills, car rental receipts, insurance reports and any other paperwork that could be used to detail the expenses that were incurred as a result of your accident. Your Austin car accident attorney will be able to give you a list of the paperwork that you will need to obtain in order to prove your case.
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Which expenses can I request compensation for?
Other than the medical expenses associated with your injuries, you may incur other expenses related to your car accident. You will want to ask your attorney about lost wages, car rentals, emotional distress and damage to your vehicle and other personal property.
You want to be certain that when you leave the consultation, you are armed with all of the information you need to hire a qualified Austin car accident attorney who will be committed to defending your right to be compensated for the medical bills and other expenses that resulted from your accident.
The experienced Austin car accident attorneys at the McMinn Law Firm LLP, provide intelligent, resourceful and aggressive legal counsel on criminal defense and personal injury cases. When the outcome of your legal situation can depend on the quality of your legal counsel, it is important that you retain an Austin car accident attorney who is fully committed to safeguarding your rights and representing you in a court of law.
By: Anthony.Williams
Article Directory: http://www.articledashboard.com
Heather Preston. Austin Car Accident Attorney – The experienced attorneys at the McMinn Law Firm LLP, located in Austin, Texas, provide intelligent, resourceful and aggressive legal counsel on criminal defense and personal injury cases.
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