Unfortunately, many of us will experience a car accident at some point in our lives. In some circumstances, you may be able to walk away with only minor property damage. In others, collisions can result in severe bodily injuries.
When the accident that leads to these injuries is the fault of another person, a plaintiff has the right to recover compensation for the resulting damages. This compensation can potentially include not just reimbursement for medical bills and rehabilitation costs, but also payments for lost earnings and emotional turmoil.
A Bronx car accident lawyer could help you and your loved ones fully understand the legal ramifications of an accident and pursue your claim for compensation. By working with a meticulous injury lawyer, you can focus on your recovery while they handle the legal aspects of your case.
The Car Crash Claims Process
The law requires all drivers to obtain and keep car insurance that covers them in case of an accident involving personal injury. Whenever someone attempts to claim that the other driver caused their injuries in an accident, the responsible party’s insurance company is always the first source for compensation. However, these insurance companies do not pay out benefits to just anyone who asks. Their representatives are well-versed in the law and will defend their own drivers against claims of negligence.
As soon as an accident occurs and the defendant driver reports it to their insurance company, the company will often begin to formulate a defense. It is important that plaintiffs do the same. They should also avoid providing any written or recorded statements to the insurance company. A Bronx car accident attorney may provide valuable assistance with this process. A lawyer can help an injured driver avoid making any mistakes that could jeopardize their claim.
Determining Fault in The Bronx
In the event of a collision between two vehicles, at least one party is usually at-fault. That being said, even if one of the drivers is behaving in an illegal manner and causes an accident—such as texting while driving or driving drunk—the collision is still generally considered accidental.
When people injured in accidents claim the other driver was at fault, it is commonly done using the legal cause of action known as negligence. To win a negligence case, a plaintiff needs to prove three main things:
- The defendant owed them a duty of care
- The defendant failed in this duty
- The breach of the duty caused the injuries
Duty of care is always present in a car accident case, because all motorists assume a duty to care for everyone else on the road whenever they get behind the wheel. Proving a breach of this duty is usually the main point of contention in a car accident case. If, as mentioned above, one driver was texting at the time of the accident, they will almost always be found at fault. However, other instances of negligence are harder to prove.
To prove proximate causation of injuries in an accident, a person should attend regular doctor visits. They should also keep a record of all injuries specifically caused by the car accident and the treatment they required for them.
Statute of Limitations
There is a limited time after the collision to file a claim. This is known as the statute of limitations. In the Bronx, all claims alleging personal injury due to negligence must be filed within three years of the accident.
Let a Bronx Car Accident Attorney Be an Ally
Getting into a car accident, even a relatively minor one, can throw your life into chaos. Your car may be damaged, you may need treatment for injuries, and you may miss significant time at work.
A Bronx car accident attorney is available to help you through this uniquely challenging experience. They can help you investigate and pursue your claim. If you are ready to get started, call today.