Have you been injured in an accident and you need a lawyer to file a claim? Speak with an Aberdeen personal injury lawyer today. Contact the Law Offices of Randolph Rice for immediate legal help with your injury claim.
Personal Injury Statute of Limitations
Personal injury claims are subject to a “statute of limitations” or a time bar. This law prevents personal injury claims from being filed after a certain amount of time. If you wait too long after an injury to file a personal injury claim, you may be barred from filing that claim.
The statute of limitations varies depending on the type of claim you are filing. Typically, the statute of limitations is 3 years from the date it occurs.
Figuring out when the incident occurred can be tricky. Usually this date is when the accident or negligent act took place. It can be more complicated when injuries do not manifest until after the incident.
Determining the date in which the statute of limitations begins can be a complex process of legal interpretation so it is best to hire a personal injury lawyer.
What Happens When You File a Personal Injury Claim?
The first step in filing a personal injury claim is the complaint. A complaint describes the facts and legal basis of your claim. The complaint must be filed in court and within the statute of limitations.
The complaint will then be served on the defendant or the opposing party. Often times this action will begin the settlement process.
Settling is when you and the opposing party make a deal on how much you should be compensated for your injuries. If the settlement negotiations are not making any progress then you will move on to discovery.
Discovery is the process of getting important documents from the opposing party that are necessary for your legal claim.
Through the process of discovery, you can obtain legal documents, interrogatories (simple questions and answers) and depositions (the lawyers question an individual and record it). What you ask for in discovery depends on your legal claim.
If your case has still not settled then it will be set for trial. Getting a trial date is fairly straightforward, your lawyer will send a written request to the court.
You and your lawyer will then prepare your arguments, witnesses, and evidence for trial. Trials involve a jury, judge, and the opposing party.
They can be lengthy and intense so it’s best to work closely with your lawyer and ask them any questions you may have beforehand. During the trial your lawyer will be doing all the work in order to get the best outcome for you.
Proving Negligence in a Personal Injury Claim
Negligence is the key element to a personal injury claim. The first step in proving negligence is proving there was a duty to act or behave in a certain way.
You then have to prove that the person breached that duty and therefore caused an injury. The most common example of negligence is seen in driving accidents.
A driver has a duty to exercise reasonable care at all times, taking into account the weather, traffic, and road visibility.
If the driver exceeds the speed limit and the road is wet from rain then they have breached their duty of care.
If the driver then hits another car and causes an injury then the person who was injured can assert a negligence claim against the diver. The driver failed to exercise reasonable care and caused an injury as a result.
Why Hire an Aberdeen Personal Injury Lawyer
The personal injury claim process is extremely complicated. There are many legal terms and processes that you have to understand in order to have a successful claim.
Plus, you are juggling your injury, the insurance companies, and the opposing party on top of it all. Hiring a personal injury lawyer in Aberdeen will take the stress off of you.
Your personal injury lawyer will take care of the legal aspects while you focus on recovering. A good personal injury lawyer will walk you through the process step-by-step so you understand what is going on.
They will advise you on what evidence to collect and when to talk to your insurance company. Plus, you can contact them anytime you have a question instead of having to find the answer yourself.
Call The Law Office of Randolph Rice in Aberdeen today for a free consultation!
Have you been harmed by someone else’s negligent and reckless behavior? Do you think you have a personal injury claim? Call the Law Offices of Randolph Rice today for your free consultation!