Car Accident Lawyer
Car accident cases are not only complex but also surrounded by various legal considerations, which is why it’s often in your best interest to hire a car accident lawyer. While some aspects of car accident cases are well-known, there are lesser-known facts that individuals involved in such cases should be aware of. Regardless, an experienced lawyer, such as a lawyer at Attorney Eric T. Kirk, will make sure you understand every part of the legal process. Below, we’ve compiled a number of lesser-known facts about car accident cases.
Comparative Negligence Laws
One lesser-known fact is that many states follow comparative negligence laws when determining liability in car accident cases. Comparative negligence acknowledges that multiple parties involved in an accident may share responsibility to varying degrees. Under this principle, the compensation awarded to the injured party may be reduced by their own percentage of fault. For example, if the injured party is deemed 20% at fault, their compensation may be reduced by that same percentage. Understanding comparative negligence laws is crucial as they impact the potential recovery in a car accident case.
Pre-Existing Conditions and Car Accident Injuries
Car accident cases can become more complex when pre-existing conditions are involved. It is a common misconception that pre-existing conditions completely disqualify a person from seeking compensation for injuries sustained in a car accident. However, if the accident worsened or exacerbated a pre-existing condition, the injured party may still be eligible for compensation. It is important to consult with an experienced personal injury lawyer who can evaluate the impact of the accident on pre-existing conditions and build a strong case accordingly.
Statute of Limitations
Each state has its own statute of limitations for filing a car accident claim. This refers to the time period within which a lawsuit must be initiated. Failure to file within the specified timeframe may result in the case being dismissed. It is essential to be aware of the statute of limitations in your jurisdiction and take prompt action to ensure your claim is filed in a timely manner. Consulting with a personal injury lawyer soon after the accident can help you understand the applicable time limits and avoid any potential issues with the statute of limitations.
Insurance Companies and Settlement Offers
Insurance companies often make early settlement offers to car accident victims. However, it is important to understand that these initial offers are typically designed to minimize the insurer’s liability and may not fully account for the extent of your injuries and damages. Accepting a premature settlement offer without consulting a personal injury lawyer can result in receiving inadequate compensation. Engaging an experienced attorney can help evaluate the true value of your case, negotiate with the insurance company, and ensure that you receive fair compensation for your injuries and losses.
Potential Third-Party Liability
While the at-fault driver is often the primary focus in a car accident case, there may be other parties who share liability. For instance, if the accident was caused by a defective auto part, the manufacturer or distributor of that part may be held responsible. Additionally, if the accident occurred due to poor road maintenance or inadequate signage, government entities or road contractors may be liable. Identifying potential third-party liability is crucial to maximize the compensation available in a car accident case. An experienced personal injury lawyer can thoroughly investigate the circumstances surrounding the accident and hold all responsible parties accountable.
