Things to Consider When Suing For Negligence Claims

Posted on: 26 August 2016

Accidents happen all the time. Since these unfortunate circumstances can lead to severe personal losses, you have the right to sue the responsible party to ensure you are compensated. However, some people make the mistake of assuming negligence claims can be filed at their leisure and that they do not really need a personal injury lawyer. The truth is if these negligence claims are not filed appropriately, then you could you miss getting any type of compensation. Here are some of the things that are considered when suing for negligence claims.

Statute of limitations for the negligence claim

The first thing to note about negligence claims is that they have a statute of limitations. This refers to the time limit one has before their case becomes null and void in a court of law. Since the statute of limitations will vary from one type of claim to another, it would be in your best interests to hire a personal injury lawyer as soon as you have been involved in an accident.

They would ensure that your claim is filed in good time, which ensures that your case will be heard in court. In addition, they will know what type of negligence claims to file for you in accordance to the injuries sustained and any property damages you may have incurred.

Shared faults for the injury

Another thing people do not consider when filing for negligence claims is shared fault. In some situations, you may find that the defendant may argue that you had a hand in the accident that happened. If you are found to be partially at fault for the incidence, then this could compromise the amount of compensation, if you get any at all, that you would receive. This is why you would be best advised to hire a personal injury lawyer.

The first thing they would do is try to ascertain where the fault lies in regards to the accident. If it is found that you are partially responsible, the lawyer can then determine whether your responsibility in the matter is negligible or if it would severely impact your entire case. Having these facts at hand would then determine whether or not it would be ideal to follow through with suing for negligence claims. If the comparative fault is in your favour, then you may still be able to get compensation from the party you are suing. It should be noted that the comparative fault could reduce the percentage of the compensation that you are entitled to.