Negligence in Car Accident Cases
Car accidents can often result in major injuries and could leave you disabled and unable to work. In many cases, the injured party may end up having to take long periods of time off of work resulting in a loss of wages and expensive medical bills. If you’ve been injured in an car accident and you’ve suffered damages, you may be able to recover for your injuries. However, you must be able to prove that the other driver was negligent. Negligence is defined as duty, breach, causation and damages. The defendant must have owed you a duty of care, they must have breached their duty, their actions must be the direct cause of harm as well as the harm must have been foreseeable because of their actions, and there must be actual damages or injuries.
Once you prove that the other driver is negligent you must also prove that you were not negligent yourself. Under Pennsylvania Law, a plaintiff could be barred from recovery if they are more than 50 percent at fault. This doctrine is known as modified comparative fault. Moreover, if you are determine to be at fault at a percentage of 50 percent or less you award for damages will be reduced by the amount. For example if you have an award for damages in the amount of $20,000 and you were determined to be 50 percent at fault, then your award will be reduced to $10,000.
Car accident claims also have a statute of limitations and you must file your case in court no later than two years from the date of the accident. If you wait too long, you will not be able to recover for your damages even if you could prove that the other driver was at fault. Therefore an experienced Personal Injury Law in Montgomery County can help you file your case in a timely manner. You can count on KMK LAW GROUP, P.C. for any of your car accident cases.
Car accident cases can be very complex and may involve multiple proceedings and hearings. A Personal Injury Lawyer in Montgomery County may be able to assist you by assessing your case and giving you sound legal advice. A skilled attorney could also help you obtain a fair settlement from the insurance company.s
Visit askphillylawyer.com for any of your personal injury cases.