Car Accident Law Almost everyone is involved in a car accident at some point in their lives However, some accidents result in serious injuries even death When this happens, get help from an experienced lawyer They can help you get the compensation you are entitled to cover your losses Limitations statute The statute of limitations in car accident law is the maximum time a person can sue for damages The state and type of lawsuit will determine the time period, but generally, it is three years from the time the injury occurred This deadline does not apply to injuries that were caused by an intentional act It is important to remember that omissions or negligence by the person who suffered the injury are not considered to be acts of limitation In North Carolina, the statute of limitations for most personal injury claims, including car accident cases, is three years from the date that the claim was filed Unless the court extends the deadline, you must file your claim before this date If you file a car accident claim after the time for filing has passed It is likely that the case will be dismissed This will prevent you from receiving the money you deserve for your losses and injuries One of the most common exceptions to the statute of limitations is called discovery This happens when you find that negligence was involved in the accident that caused your injuries Another option is equitable tolling This is the case when you would not have discovered the underlying cause of your injury if it had not been for your diligence It isn't always the case and it is difficult to know the extent to which you've lost your chance at compensation This is something that can be evaluated by your lawyer There are additional statutes that apply depending on the nature of the claim and the party you're suing The filing deadlines for government agencies are shorter in some cases, such as This is why it is crucial to speak with an attorney who is aware of the statutes of limitation that may apply to your situation https//vimeocom/706786927 is crucial to talk with an attorney who has extensive experience in pursuing car accident claims No matter what limitations may apply to your situation You must immediately start legal proceedings following an accident A knowledgeable lawyer can help you file a claim, make sure that it is filed at the appropriate date, and get you the compensation you are entitled to Duty of care To be legally able to pursue an injury claim for personal injury, you must first prove that someone owed your an obligation This is among the most important elements in any car accident case The legal term "duty of care" describes the responsibility every person has to keep others from being hurt It is an agreement between individuals and is the basis for the majority of personal injury lawsuits Every driver is accountable to their fellow road users and to drive safely and in accordance with traffic laws If they fail to follow these rules and the failure causes a car crash and injuries, they could be held accountable for injuries they cause Additionally, doctors have a duty to ensure that their patients aren't injured while they are under their care This can mean a number of things including taking a notes on medical history and taking into consideration patient concerns To determine if a doctor has acted negligently, it's important to prove that they did not meet the standard of care that a reasonable person would use in your particular situation This can be a difficult task however your attorney will help you to determine the best way to proceed You may also be able to prove that you have a duty of care based on your relationship with the defendant For example, let's say you travel by bus to work every day Your relationship with the bus driver implies that they are bound by a duty of care, and if they violated this duty by running at a red light, while checking their phone you may sue them for negligence If you've proved that the defendant was liable for the duty of care, it's now time to prove they failed to fulfill this duty This is not as difficult as you think, especially in a car accident case If you've established that the defendant did not fulfill their duty to take care of you, it's time to show that their actions resulted in your injuries This isn't as difficult as you might think, but it requires a lot of effort and a significant amount of evidence Your lawyer will help you to prove that your injuries are the direct result of the defendant's failure to fulfill their duty of care Contributory negligence Car accident laws determine whether a victim can collect damages from the party that was at responsible for the accident The purpose of these laws is to ensure that all involved receive fair compensation for any injuries, damages or losses These laws can be confusing, particularly if they are applied in different states To be eligible to claim damages the plaintiff must demonstrate that the other party was negligent in a way Negligence is the failure to behave in a reasonable manner that could have prevented harm from another party Examples of negligence can include the failure to wear a safety belt, speeding or riding in a vehicle that is unsafe Many states have laws on contributory negligence which could totally bar a victim from recovery for their injuries Personal injury cases should be able to prove the responsibility A car accident case can be a bit complicated, but it is even more complicated if you're trying to recover financial compensation from the responsible party Having an experienced personal injury lawyer on your side can make all the difference Whatever the extent to which they are at fault for the accident, the contributory negligence rules in the law governing car accidents can severely limit a victim's financial recovery There is no compensation available even if you're just 1 percent at fault for the accident While these laws might seem unfair however, they are a vital element of the law Without them, victims of accidents might not be able receive the compensation they need to pay their medical bills or lost wages, as well as other expenses related to the incident Some states have a distinct approach They generally follow a comparative negligence model, which allows victims to pursue a claim for their injuries provided they are less than 50 responsible for the accident The jury determines how to divide the blame among all the parties involved in the case This is the only way to ensure that all parties get equal weight in determining what to decide to award Damages Car accident law was created to indemnify victims of negligent drivers for their injuries These damages include compensation for medical bills as well as lost income, property damage, and other losses They also cover other damages, like pain and suffering or loss of enjoyment life, and even punitive damages for reckless behavior that showed reckless disregard for the safety of other people The damages you suffer when you are involved in a car wreck will differ from person to person This is due to numerous factors such as the severity and nature of your injuries For instance injuries to the back may cause long-term damage This is more difficult than injury to internal organs Additionally, whiplash can cause physical and emotional ramifications which are difficult to quantify No matter what type of damage you suffer, there are some rules that will apply These include the "comparative blame" rule, which will reduce your settlement if the accident was partly your fault When deciding the amount you will receive in damages the jury will look at your degree of responsibility For instance, if you were speeding when the accident happened and the jury finds that you are at least 40 percent responsible and you're responsible for the rest, then you'll only get 60 percent of the amount awarded A lawyer can explain the impact of these rules on your settlement They can also assist you to collect the required documents to justify your claim and to prove how your injuries are connected to the accident You may also be entitled to claim damages to cover future expenses This can be for things such as ongoing treatment or therapeutic massage A future car accident can result in significant financial losses, especially when you're dealing with severe injuries and time away working A knowledgeable attorney can assist you to document these costs and include them in your settlement While assessing both economic and non-economic damages can be a challenge An experienced lawyer will help you make sure everything is covered They will take a careful look at your injuries to determine how they impact your standard of living