It is said that almost all car accident cases are settled long before they have a chance to go to trial and for the most part, this is a fact. However, not all cases end up in this way as any Seattle accident lawyer will tell you.
This happens when the parties are unable to agree on a few issues such as to who was at fault in the accident in the first place, and the degree of injuries suffered by the claimant, to name a few. When this happens, the sole way to put things straight is to go to file a lawsuit.
How do you do this? You need legal help to make this happen. The first step is using this website to find that much needed legal assistance.
Personal injury lawsuit
You should file a personal injury legal claim against the individual responsible for the accident for the granting of an award for damages. In such a suit, you along with your Washington accident attorney can attempt to prove that it was the driver of the other car who was responsible for the accident, as he or she failed to take reasonable care or pay sufficient attention while driving.
In order to establish that an individual wasn’t driving the vehicle with reasonable care, you will need to prove the following things:
- The lawful duty to use care
- Violation of the duty
- An express relationship between the injury and accident
Receiving an award is dependent upon what the at-fault driver ought to have expected during the accident, and not as many seem to think as of what in fact happened. Since this is a confusing issue, you ought to seek the advice of a legal professional.
Duty of Care
Lawsuits concerning car accidents usually focus on if the other driver maintained a duty of care as well as used that care when engaged in driving his/her car.
While driving a car, a specific standard of care should be maintained. In order to comply with this duty of care, a driver must do the following:
- Drive at a reasonable speed
- Keep the vehicle under control
- Watch out for every situation that could lead to an accident
Apart from these, such lawsuits lay emphasis on one fact: if the at-fault driver’s actions resulted in unreasonable risk. Typically, if such a risk can be anticipated reasonably, it ought to be avoided.
The cause of injuries
For a car driver to be legally responsible for your injuries, careless behavior must have contributed to as well as caused your injuries. A driver should be able to foresee a potential harm or risk others, when he or she sees one.
Statute of limitations
If you plan to bring a legal claim resulting from a car accident, you ought to be aware that your ability to pursue your claim will be restricted by what is termed “the statute of limitations”. This is a period of time that is decided by the jurisdiction of the state where the accident happened, which is two years from the time of the accident in the state of Washington.
To prove injuries or losses of various kinds, you need the active assistance of a Seattle accident lawyer, who will guide you through the intricacies of a personal injury and this accident case. You may not get another shot to make this right. In fact, you will not. There is no legal do over if you sign paperwork with the other side and it turns out that you have been shafted which will probably happy if you think you can handle this without legal assistance. This website, https://usattorneys.com/, will enable you to find the lawyer that can make the difference in your life and in this case.