Negligence FAQs2015-08-10T22:35:21+00:00

Auto Accident Attorney San Antonio

Negligence FAQs

Iauto accident attorney san antoniof you have been injured in an accident due to someone else’s negligence, contact your local San Antonio auto accident attorney for a consultation. You may be entitled to compensation for your injuries. Negligence is a term that many are not familiar with. The following are frequently asked questions and answers about negligence and negligent claims. If you have any questions that have not been answered by the FAQ, contact your San Antonio accident attorney for answers.

What Is a Negligent Claim?

The term negligence refers to a behavior that is below the reasonable expectation of care that the law requires for the protection of others. The duty of care is defined by what a reasonable person would do in the exact or a similar situation. If the duty of care is not reasonably met, then you may have a case of negligence for your injury claim. In order to file a claim for negligence, you must be able to prove that your injuries were caused by the negligent act. Negligence is something that can occur in many situations. Negligence can be caused in product malfunctions, car accidents, nursing homes, hospitals, by health care providers, and many other circumstances. If you feel that you have sustained an injury due to the negligence of another, it is advised that you should schedule a consultation with a personal injury attorney to discuss your case. An example of negligent behavior is if a driver runs a red traffic light and crashes into another vehicle. Any injuries that are sustained by passengers in the driver’s car, or in the car that the driver crashed into or any bystanders or pedestrians, are the responsibility of the driver who ran the red traffic light. If the driver ran the red traffic light but did not crash into a vehicle and no one was harmed, then they will not be liable for behaving as a negligent driver.

Is Breaking the Law Considered to Be Negligent?

A person who breaks the law can be considered as negligent if the law that they broke was in place to protect others from harm. An example would be traffic lights that are put into place to keep drivers from crashing into one another. If a driver runs a red light, crashes into another vehicle, and causes an injury to someone, then they may be considered negligent in that case.

If I Am Partly at Fault for the Accident, Do I Still Have Rights?

The law varies from state-to-state, however it is likely that you will still be able to file a negligent claim even if you are partly at-fault for the accident. Depending on the state you are in, you may be able to file a negligent claim if you are found to be less than 50% responsible for the incident.

What Damages Are Typically Recovered in a Negligent Claim Case?

The damages that are recovered will depend on the type of damages that were incurred from the negligent act. It is typical that property damages will be able to be recovered in a case where the property was damaged. If you were injured due to negligence, then it is likely that you will be able to receive damages for your medical expenses which will cover past and future expenses relating to the injury. If you have received an injury, you may also be entitled to receive damages for any wages that were lost from the injury, mental impairments or anguish, pain and suffering, diminished earning capacity, or physical disfigurement.

How Do I Know If I Have a Good Case?

A negligent case is not an exact science. Determining whether or not you may have a strong case will depend on the circumstances in your case as well as the opinion of legal professionals. If you feel that one personal injury attorney does not believe you have a strong case, you are able to seek out a second opinion from another legal professional.

How Long Does It Take to Settle a Negligence Case?

The length of a negligence case can vary depending on the details of the case. The majority of negligent cases are settled before reaching the trial phase; however that is not a guarantee that it will be settled before. If your negligence case goes to trial, then it could go on for years before reaching a conclusion. When consulting with your personal injury attorney, ask their opinion on what timeline they predict for your case. While they will not have an exact timeline for you, they may have an idea based on their experience with a similar case.

How Long Do I Have to File a Negligent Claim Case?

There is something called a statute of limitations in negligent cases. This means that you are given a predetermined amount of time in which to file your case before you are no longer allowed to pursue damages. The statute of limitations can vary depending on what state you are filing your claim in. In some states the statute of limitation can be a year, while in others it could be up to eight years. It is advised that you schedule a consultation with a personal injury attorney as soon as possible after your accident. Your attorney can advise you of the statute of limitations for your state at that time. The statute of limitations for your case can depend on factors such as the type of personal injury claim you are making, the facts that go along with your injury, how old the plaintiff is, and more. If your negligent case is against a government entity, then the statute of limitations may be different. Also, keep in mind that your personal injury attorney will need plenty of time to gather evidence, question witnesses, and prepare your case. The sooner that you contact a personal injury attorney about your case, the stronger that your negligent case will be.

Contact Our Auto Accident Attorney San Antonio

Today

If you have been in an accident, contact your experienced personal injury attorney in San Antonio immediately. Brylak Law is a personal injury attorney in San Antonio that is experienced in personal injury and auto accident cases. They are dedicated to your case and achieving the best possible outcome for you. Call (210) 733-5533 for a consultation with a auto accident attorney San Antonio today. Brylak Law is the personal injury attorney in San Antonio who will help you fight for what your rights and to get you the compensation that you deserve in your personal injury case.