Pages Menu
Categories Menu

Posted by on Sep 14, 2014 in Car Accidents | 0 comments

Establishing Fault in Car Accidents

When you have been in a car accident, it is important to determine the one who caused the accident. Establishing who caused the accident would make filing for an insurance claim or a personal injury claim easier and smoother. If you were the victim or a careless or reckless action on another motorist, you have the right to file for an insurance or injury claim. However, what may complicate the claims would be the different laws and regulations the each state in the US has regarding car accidents and injury claims.

Being a victim who will file an insurance or injury claim, it is important to know how these different state laws will affect the case and possible settlement or compensation that would be given. In the state of Michigan, for example, a Detroit personal injury lawyer would inform you that you have three years to file a case against the person at-fault for the accident. This statute of limitations generally begins on the day of the accident, and exceptions such as not fully “discovering” any injuries until after the accident would alter the start of the statute of limitations. Additionally, Michigan follows the Comparative Negligence rule, which indicate that any compensation you will receive will be influenced or eventually reduced by the percent of liability you may have to the accident. Your compensation may be reduced depending on the amount of fault for the injuries, and even have a chance of being eliminated if the fault is determined to be more than 50 percent.

The comparative negligence rule is also applied in the state of Texas, and because this is required to be applied in personal injury claims, many insurance adjusters tend to use this argument in court. The difference between the state of Michigan and Texas when it comes to injury laws is that in Texas, you only have two years to file for an insurance or injury claim following an accident. Because this statute of limitation sets the time restraints of filing for a personal injury claim, immediately contacting a Houston personal injury lawyer to help you set up the case would ensure that your chances for compensation will not be lost. Furthermore, there are limits or caps on the amount of compensation you can be given, as well as the amount of settlement. This is another reason why contacting a lawyer who knows the state laws in your area is important before actually filing a personal injury claim.

Post a Reply

Your email address will not be published. Required fields are marked *