A legal misstep will affect your compensation
Most car accident claims are settled out of court which leads some people to think that dealing with an insurance claim is only a bargaining process, and that the law is irrelevant. This is incorrect and can result in lost claims and lower compensation. If you do not have a strong legal claim in a car accident case, you are in a weaker negotiating position, and the insurance company knows it. Knowing the law is key to a successful claim.
Apart from the core issues of proving who is at fault in a car accident and the extent of damage or injuries, there are other legal issues that will affect your case and compensation. A claim can be lost if it is not filed within the statute of limitations period for that type of claim and for that state. The state in which a claim should be filed is a highly complex legal issue in itself, which can depend on where the accident happened, the type of damage caused, and where the people involved are resident. Deciding where to file a car accident claim will affect the deadlines, the process, and the amount of compensation, which are not the same in every state. In Delaware, for example, the comparative negligence rule applies which means that a victim’s compensation will be reduced if the victim is at fault for the accident, and will not recover anything if they are more than 50% at fault. A personal injury lawyer will consider all of these issues in order to improve a victim’s claim and negotiating position, and maximize their compensation.
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