Law

Understanding How Negligence-Based Personal Injury Claims Work

The majority of personal injury claims are negligence-based. Whether you were injured in a car accident, slip and fall, or motorcycle accident that resulted from another party’s negligence, you can file a claim against the insurance company of this party. But, there are legal elements of negligence that you must prove. This requires you to have evidence to prove these elements and win your case. 

Legal Elements of a Negligence-Based Injury Claim

You can only recover compensation for your personal injury case if you can prove the at-fault party acted in a careless or negligent way. The following elements must be proven:

  • Duty of Care. You need to prove that the other party owed you a duty of care. For instance, a driver owes a duty of care to other drivers to drive their vehicle safely and prevent accidents. 
  • Breach of duty. It is also important to prove did not perform the duty of care they owe you. In the case of a car accident, the other driver must have caused your accident because they acted negligently such as they drove their car while texting or while intoxicated. 
  • Causation. You should prove that your accident occurred because of the party’s breach of their duty of care. 
  • Damages. You should show that the accident has left you suffering damages. In a car accident, you must prove that your injuries resulted from the accident.  

To prove these elements of negligence, you need to have evidence and testimony from expert witnesses. This is where hiring a Seattle personal injury lawyer makes sense. While you try to focus on your treatment and healing, you may not have the energy and capability to handle the legal aspect of your injury claim. So, you need an attorney to get this job done for you and ensure the law applies to your situation. 

Recovering Damages

As a victim of an accident caused by a negligent party, you are entitled to recovering financial compensation for your injuries and other losses. The damages you can recover include medical bills, lost income, pain and suffering, and others. How much you will get depends on some factors such as the seriousness of your injury and your financial losses.

When to File Your Claim?

If you are in Seattle, you have 3 years to file your personal injury claim. The clock starts ticking from the time the accident took place. But, your deadline may be shorter if you are going against a government agency. By working with an attorney as soon as possible, you can avoid issues with your claim. 

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