Car and motorcycle accidents happen everyday. Unfortunately, many people are hurt while on the road and are looking for a way to find restitution for their pain and suffering. If you have been in a vehicle accident, you might be wondering what you can do to get help with your medical expenses and any other losses you might have experienced. A personal injury lawsuit is a good way to get what you deserve. However, not all situations merit a lawsuit. Here are a couple things that you will need to make it a legitimate lawsuit.
1. There Has To Be Fault Of The Other Person
One of the most important aspects is that the other party had to be at fault for the accident. They don't have to be completely at fault, but they do have to have the majority of the responsibility for the accident. This is because you can't sue someone who wasn't reckless or negligent. If there was ice on the road and the other driver did everything that they could to avoid harming others, i.e. they were driving slowly, not intoxicated, followed all safety rules and guidelines, then you might not have a case against them. Instead, you simply have an unfortunate accident on your hands. Thus, there must be fault.
2. There Must Be Injuries You Can Prove From The Accident
In some cases you will be in an accident that render no serious injuries for either party. Your insurance may have already paid for your loss of property, like the repairs of your car or motorcycle and everyone is essentially back to their normal lives. In this case you would have no case against the person. Instead, you need to be able to prove that you sustained injuries from the accident. This can be property damage, physical pain and suffering and even loss of wages and quality of life.
3. You Must File Within The Proper Amount Of Time
Personal injury lawsuits have a statute of limitations. This means that you only have a certain amount of time where you can file a lawsuit. For example, if you were in an accident 5 years ago and just now want to file a lawsuit, there is a good chance the courts will deny the suit. In most situations you only have a couple years to file the suit. That is why you should talk to a lawyer immediately following the accident to assess your options.
These are just a couple things you need to know about a personal injury lawsuit. For more information, contact firms like Welsh & Welsh PC LLO.