The Legal Benchmarks for Finding Fault in Personal Injury Cases
Getting injured in an accident is never something you set out to do, as a personal injury lawyer in New Haven County, CT knows all too well. Depending on the severity of the accident, your injuries may wind up changing the course of your life, leaving you with piles of medical bills. If you have suffered a personal injury due to the negligence of another, know that you may be able to recover some or all of the money you’ve lost. When it comes to finding who is to blame for your injuries, the truth may lie in a finding of fault rendered based on specific legal thresholds set by the court.
Fault in Personal Injury Is Tantamount
If you bring a lawsuit against a person you feel caused your injury, then you must prove that individual is at fault with the help of personal injury lawyer in New Haven County, CT . A finding of responsibility is essential so the court can award you damages for your injuries. Without establishing a person is to blame, you will not be able to pursue legal action against them for it.
Legal Benchmarks for a Finding of Fault
There are four ways a person may be found at-fault for causing you injury, as a personal injury lawyer in New Haven County, CT can explain. Those include:
Breach: Common in contract law, a breach is another term for “break.” It means one party to a legally binding agreement failed to perform the duties ascribed them resulting in a break of the terms of the contract. Sometimes a breach may result in financial and legal harm for the plaintiff. A breach may also apply to knowingly breaking the law as in the case of a car accident. If the defendant ignored traffic control devices and caused an accident, a breach of law occurred.
Duty: Everyone has a legal obligation to obey the law. In every personal injury claim, the defendant must have missed or knowingly violated a legal duty to the plaintiff.
Causation: The defendant must be the root cause of the plaintiff’s accident and subsequent injuries. In personal injury cases, like motor vehicle accidents, causation may be easier to prove. In cases such as medical malpractice claims, sometimes this is less obvious.
Damages: To be successful in obtaining a judgment against an at-fault party, the plaintiff must have verifiable financial losses which are only the direct result of the accident. These damages are typically medical bills.
A Statute of Limitations Limits – Your Time to File a Lawsuit
In a personal injury case, you have a limited amount of time to file a claim or sue someone because they injured you. This is known as the statute of limitations, and you need to be aware of the limits it places on your ability to seek a remedy for your injuries.
A Statute of Limitations Places a Time Limit on Court Action
Both in criminal and civil matters, a statute of limitation often applies. For example, many states allow two years from the time a personal injury occurred to the date a lawsuit based on the injury can be filed. However, this can vary considerably from one state to another, so talk to a personal injury lawyer in New Haven County, CT before assuming that you have a certain amount of time.
Lawmakers create differing statutes of limitations based on the nature of the offense. More serious matters sometimes carry longer statutes of limitations. The primary reason for limiting the time is that the further into the past an event goes, the harder it is for both parties, and the court, to get at the truth about the incident or incidents that may have caused the offense.
For example, if you were questioned about an event that happened to you ten years ago, it is unlikely that you could recall it with a great deal of accuracy. It would be hard to find witnesses, because people move away and even die.
The Statute of Limitations May Not Start on the Date of the Injury
The courts do recognize that certain incidents may delay the time when you could reasonably have filed a lawsuit. For example, you may have been unaware that you were seriously injured for some time after an incident. You might become ill years after exposure to a chemical. In cases like this the court may consider a later starting date for the statute of limitations than the first date of occurrence.
If you were a minor when you received an injury, or otherwise not competent to assist with filing a lawsuit, you may have more time to file a claim.
Another situation that may extend the statute of limitations is if the potential defendant has traveled out of state. It can be difficult to establish this as a fact, so don’t expect this to automatically help you.
However, time is always of the essence when dealing with legal matters. You should contact a personal injury lawyer in New Haven County, CT to discuss your case as soon as you suspect a problem.
When pressing forward with a lawsuit against a person who caused you harm, it’s a good idea to know that you can prove that person was at fault. Get a personal injury lawyer in New Haven County, CT from The Moynahan Law Firm with a reputation for personal injury awards to help you recover.