When filing a car accident claim, there are certain legal terms you may come across that can be confusing. Knowing the meaning of these terms is essential for understanding the legal process and making sure you receive fair compensation.
Here are some of the most common legal terms associated with car accident claims.
Negligence
Negligence is a concept in common law that refers to a person's failure to exercise sufficient care and caution when preventing harm from being caused to others.
In the context of car accident claims, negligence involves proving that the other driver did not comply with the legal duty of care that drivers owe one another when on the road. This is often done by demonstrating that the other driver was reckless or acted irresponsibly, such as driving carelessly or under the influence of drugs or alcohol.
Negligence has to be established for you to receive compensation for any damages resulting from a car accident. Negligence can involve either intentional acts, such as someone deliberately running into your vehicle, or unintentional ones, such as when a driver fails to follow traffic signals or speed limits.
If both parties are found negligent, then the comparative fault may be used to determine how much each party is liable for any losses incurred.
In most states, a successful claim requires you to show that the other driver was more at fault than you were. This means that even if you were partly responsible for the accident, you might still be able to receive partial compensation if it can be shown that the other driver had a greater degree of responsibility for what happened.
Therefore, understanding and correctly applying legal terms like negligence can impact your ability to get adequate compensation following an auto accident.
Statute of Limitations
A statute of limitations is a concept in the law that establishes a time limit after which legal action can no longer be taken.
In the context of car accident claims, this means a suit has to be filed within a certain period after the incident occurs, usually a few years, or else any potential compensation is lost. This is because, as time passes, evidence can become harder to obtain or diminish in relevance and reliability.
In some cases, however, it may be possible to get an extension on the statute of limitation if special circumstances apply. For instance, if a minor was involved in the accident, then they may be granted more time to file a claim due to their age. In any case, you should know the applicable statute of limitations and act quickly if you want to pursue a claim.
Keep in mind that some states have specific laws concerning the statute of limitations for car accident claims. For example, if you are involved in an accident involving a government vehicle, the statute of limitations may be much shorter than other types of accidents.
You should check with an experienced attorney regarding your case's statute of limitations to ensure you do not miss out on any potential claims for damages resulting from your car accident.
Consult a car accident lawyer to find out more.
