When another driver rear-ends you or pulls into your lane without warning, the consequences can be devastating. Taking legal action could help you mitigate these damages. While a lawsuit might seem daunting, a Sandusky car accident lawyer could assist you through the process.
The personal injury attorneys at Tittle & Perlmuter could evaluate your claim to identify the responsible parties. After investigating the cause of your accident and the severity of your injuries, one of our practiced attorneys could file a lawsuit against the responsible party.
Establishing Negligence in a Sandusky Auto Accident Case
To recover compensation through a car accident claim, a plaintiff must establish that the other driver involved was negligent. Four elements make up negligence: duty of care, breach, causation, and damages.
All motorists owe a duty of care to drive responsibly and to follow all traffic laws. When a driver fails to uphold this legal obligation, this is called a breach in duty of care. While establishing duty may be straightforward, proving a breach of that duty can be more complex. Some examples of a breach of duty of care may include a motorist that was speeding or driving while intoxicated.
In a Sandusky car wreck case, an attorney also must demonstrate a connection between the defendant’s misconduct and the accident. In other words, if a lawyer can prove that the defendant’s violation of their duty of care is the cause of the accident in question, this element of negligence is met.
Finally, legal counsel must be able to prove that the claimant suffered real damages. A plaintiff in a motor vehicle accident lawsuit may only recover monetary compensation if they can demonstrate they suffered recoverable damages in the crash. These may involve medical bills, pain and suffering, or lost wages.
Statute of Limitations for a Car Wreck Claim
Moving forward with a car accident claim in a timely manner can be valuable. Like with any lawsuit, there is a legal deadline to file. This deadline is called the statute of limitations.
The statute of limitations is strictly enforced. Therefore, if an injured motorist fails to file their claim before the deadline, the court has the right to dismiss the case. According to state law, a plaintiff has two years from the date of their accident to file a lawsuit. A Sandusky lawyer could help an injured driver file their car accident claim before the statutory deadline.
Speak with a Sandusky Car Accident Attorney Today
The potential for serious injuries exists in any car wreck. Even a low-speed crash has the potential to result in significant losses. If you were involved in such an accident, you may be entitled to pursue compensation from the responsible driver.
You do not have to take on the challenge of an injury lawsuit by yourself. An experienced Sandusky car accident lawyer at Tittle & Perlmuter could assist you in investigating your claim and pursuing it in court. To set up an initial case consultation, call today.