To make a negligence claim against a negligent driver, you must prove that the other driver breached their duty of care. The accident cannot have been caused by an unforeseeable event such as a flat tire or a carjacking. In addition, you must show that the other driver’s actions led to your injuries, and that the damages you suffered were a result of their negligence. A successful claim requires that the other party’s negligence cause you to lose wages, medical bills, or pain and suffering.
In New York, there are strict time limits on filing a lawsuit. The statute of limitations SS 214 limits a lawsuit to three years. However, if the alleged defendant has moved out of New York and was involved in the accident, you can still file a lawsuit. The time limit does not apply if you were at fault in the accident, but failing to file a lawsuit in time will preclude you from suing the negligent party or taking the case to a jury.
Before deciding to file a negligence lawsuit, you must determine how much the other party was at fault. There are two different types of negligence laws: modified comparative negligence and contributory negligence. Under the latter, if the other party was even one percent at fault, the other driver may not be liable for any damages. As a result, you must determine who was more at fault before filing a lawsuit, so that your damages can be compensated.
In most states, you can recover compensation for pain and suffering even if you were partially at fault. But in other states, if you’re only 50% at fault, the percentage of negligence will reduce your recovery. For example, if you were injured by the other driver, your damages would be lowered by 25% to $750,000, because you were partially at fault for the accident. You can also pursue damages for the accident you caused, but your recovery will be lower than if you had been 100% at fault.
In some cases, you can sue the government for negligence if the road conditions were unsafe or dangerous. If you were at fault for the accident and suffered pain and suffering, the government agency responsible must repair or replace the road’s dangerous conditions. However, there are strict procedural requirements that must be followed in such claims. In addition, these claims must be filed within a limited time period compared to ordinary personal injury lawsuits. Additionally, damage caps may apply to protect the government from being sued for negligence.
Insurance companies don’t always negotiate with you, so you may have to file a lawsuit against the negligent driver. Even if the insurance company agrees to settle, the insurer won’t always be willing to negotiate a settlement. It is best to contact a qualified auto accident attorney to discuss your options. This attorney will be able to help you decide whether to file a lawsuit. So, do not delay in contacting an auto accident attorney today.
In the case of a car accident, you may be able to sue the driver responsible for the negligence of another person. The law considers carelessness to be an element of negligence. Despite its name, negligence is only a legal theory. Basically, a person’s carelessness is carelessness if it was reasonable under the circumstances. This means that the driver was not exercising reasonable care, which resulted in damages for the injured party. A negligence claim can cover property damages, emotional trauma, and lost wages.
Even minor car accidents can result in injury claims against negligent drivers. Although many people mistakenly believe that a car accident is a serious event, it is possible to file a negligence claim against the at-fault driver. The state insurance law reinforces the fact that minor accidents can still result in significant damages for the injured victim. So, don’t dismiss this option out of hand. If you’re seriously injured, contact an experienced car accident lawyer.
You may be entitled to a lawsuit against the other driver, but not every accident merits a lawsuit. Most car accidents are not severe enough to warrant a lawsuit, and they rarely result in significant property damage. However, in some cases, a lawsuit could be worthwhile. In these situations, if the other party is responsible for the accident, and the damages you sustained are significant, then suing may be a good option.
