Who Can You Sue If You Face A Severe Injury In An Accident
At some point in our lives, we get involved in accidents of different kinds. It may be from a machine at work, a slip and fall, or a car accident. They may all not lead to legal action, but if they are because of someone's carelessness or negligence, you have a right to sue for personal injuries.
Through the court or an out-of-court settlement, you may receive compensation for the costs you have incurred from the time the accident happened. The compensation amount you receive depends on:
- Lost wages
- Pain and suffering
- Medical expenses
- Cost of therapy
- Loss of future income
- Damage to property
The settlement differs from one person to the other, and sometimes even the state. If the bills are costly, you are likely to receive a high amount in compensation. If the accident was severe and sustained high impact injuries, expect to receive a higher amount in settlement.
Who Can You Sue?
Knowing the right person to sue is vital. It will be an ugly situation if you find out you cannot sue the right person because the statute of limitation has passed. This is because you may take time to file your lawsuit, and you are probably doing it on your own, with no lawyer. Then you may be ineligible to receive compensation because you are suing the wrong person.
If you are in a car accident, you sue the driver of the vehicle at fault. If it was a hit and run, the driver, above all the other charges, there will also be a charge on the driver's lack of morality. In cases that involve drivers of app-hailing cabs, it may be slightly more complicated. You will have to jump through many loops, especially if the driver was not active on the app during the accident. It may be slightly more complicated, but it is not impossible.
For those in slip and fall accidents, you sue the owner of the property. The animal owner is liable for the injuries that their animal caused, while you will sue the perpetrator if yours is a case of battery or assault.
The question frequently asked is what do you need to sue a person?The guide below will answer that. You need:
If you want to sue someone successfully, prove two things. That is that the person was negligent (fault), which led to the injuries you sustained (damages). If you do not know how to go about this, hire a lawyer to help you navigate the system. You have to prove to the judge and the jury that everything you are saying is true. This will not be by your words; you need to have evidence to back your allegations.
- Eyewitness statements with the details of when, how, and where the accident occurred
- A police report
- Photographs from the scene of the accident and your injuries
- All medical records from the time of the accident, including emergency services, treatment, therapy, and medicine costs
- A report from the doctor showing the cause and extent of your injuries
- Documentation of your typical income to support the lost wages claim
A Good Lawyer
You may think that lawyers are expensive and that you can do all this on your own. However, this is not the case. Lawyers are experts who have probably done what you want to do many times. They know the ins and outs of what needs to happen to receive the compensation you need.
Statistically, people who get lawyers are more likely to receive compensation than those lawyers do not represent. This alone is an excellent reason to start looking for serious injury attorneys to represent you. The lawyer will also talk to witnesses and prepare all the documents that you need for the lawsuit. Even if you decide to go for an out-of-court settlement, the lawyer will help with the negotiations with the insurance company.
Many law firms do not charge you a cent before you begin the process. You only pay them after they have won the case. Make sure in your search for a lawyer; you put this into consideration.
Know The Statute of Limitation
In matters concerning personal injuries, there are time limits by which you have to file the claim. We refer to this time as the statute of limitations. The statute of limitations varies from state to state. If the accident involves a minor, the statute of limitations may differ from that of an adult.
Once the time has elapsed, you cannot file the claim. However, under some special conditions, you may still be able to file your claims. This is applicable for situations you did not know you were injured. For example, diseases that are a result of asbestos may not be visible until years later. Minors may also fall into this category; they have to reach 18 years then the statute of limitation time starts running. People of unsound minds also fall under this category.
It is essential to research this so you know the situation before it is too late. Do not assume things or go with the standard procedures, as your case may be different.
As much as a quick settlement sounds like a good thing, most of the time, it is not. It is only a good thing for the insurance company. This is because they want to spend little money and waste no time, hence the quick offer. The amount may tempt you because of the bills that you need to clear for your treatment. They know that you cannot reopen the case once you accept the offer and sign the paperwork.
People who accept these quick settlements end up realizing that they received far less than they would have negotiated. If you do not have negotiation skills, get a lawyer. They will make sure you receive what you deserve or more.
Suing for personal injuries is not a complicated process if you have an excellent lawyer. The lawyer also knows what they need to do to make sure you receive compensation. While the lawyer is dealing with this aspect of things, you focus on improving and rebuilding your life.