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Building a strong accident claim using the law

Accidents can be quite traumatizing for various individuals. Not only do people have to deal with physical trauma, but many also stand to face financial tribulations as well.

Thankfully, an accident claim can aid in helping parties get the assistance they deserve. For those who choose to pursue that route, there are a couple of laws to understand and utilize to build a strong claim.

Fault

As with any personal injury claim, being able to prove who is at fault for the accident is key. The comparative negligence law makes this fact even more critical. In short, this law states that a party only receives an award for the amount of fault the other party holds. For example, if the court determines that the at-fault party in a claim is responsible for 80% of the accident and the claimant contributed 20%, then the claimant’s actual award will be 80% of the total of the initial award amount. Therefore, it is in a claimant’s best interest to not only build a case that shows the other party’s fault, but one that also limits his or her amount of fault.

Claim timing

For some claimants, it may take some time to adjust after an accident before he or she is ready to move forward with a claim. The statute of limitations allows the party some time to file after an accident. This timeframe may vary, depending upon the type of accident; for example, parties have up to three years to file a claim for an auto accident. However, there are some exceptions to this law, such as a claim for a defective product that does not prove to be defective until years down the road. 

Along with these specific laws, it may be beneficial for claimants to become familiar with the personal injury laws in general. With the understanding of the law and the assistance of a knowledgeable professional, claimants can create strong cases to aid them in receiving the just compensation they deserve.

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