Personal Injury Accidents: 3 Facts That You Need To Know Before Suing The Negligent Party
Essentially, no one should get away with the offense of negligently causing an accident. Instead, you should sue such a person so as to compel them to pay you for the damages and injuries. But before taking this legal journey, you should have sufficient information about the process. Doing this enables you to understand the legal options available, which in turn helps you to make informed decisions. This guide shares some useful information to steer you through the claim process.
You Must Prove That the Defendant Was Negligent
You might not receive compensation if you can't prove the defendant's negligence. Remember that the faulty party will counter your claim in various ways. For instance, they can claim that you encountered the incident since you failed to follow the set safety measures.
Therefore, the only way to win against them is by providing evidence showing the defendant's breach of duty. For example, if you slid or tripped when shopping, you must prove that the management failed to take proper precautions to ensure a safe environment. You also need to prove that you suffered injuries because the defendant was careless in their duties.
You Don't Have to File a Case in Court to Get Compensated
Naturally, the process of seeking justice through the court is expensive and time-consuming. Luckily, you don't have to file a case in court to get justice. Instead, your accident lawyer and the defendant's legal team can negotiate an out-of-court settlement. Sometimes, the negotiations are between the victim's attorney and the insurance company. In this case, the insurance representatives will evaluate your case before proposing an offer. You can accept the offer or decline if it's too low. When this happens, you should consider filing a claim in court to ensure that you get the deserving compensation.
You Can File a Claim Even If You're Partly At Fault
The law allows you to file a claim even if you contributed to the accident in one way or another. However, you will likely get a lower settlement, depending on your contribution to the accident. But your accident lawyer will ensure that the insurer doesn't offer you an unfairly low payment. They will present relevant evidence showing your faults, and therefore, you'll only pay for your mistakes.
The guidelines above will enable you to make informed decisions about your personal injury claim. However, don't fail to consult a personal injury lawyer immediately after you decide to file a lawsuit. They will advise you accordingly and handle your case competently, and in the end, secure a great settlement.
