Your Legal Rights As An Auto Accident Victim
Injury laws give you some legal rights while pursuing your auto accident compensation. The rights ensure your case concludes as it should under the applicable laws. Below are examples of these rights.
The Right to Pursue Compensation
You have the right to pursue damage compensation from the liable party. The defendant or their insurance company doesn't compensate you out of the goodwill of their heart. The statute of limitations defines how long this right lasts. For example, a two-year statute of limitations means you can pursue compensation within two years from the accident date.
The Right to File a Lawsuit
Many accident cases settle out of the courtroom. Plaintiffs and defendants usually negotiate and settle cases through their legal representatives. However, you don't have to take the insurance company's last and final offer. The law grants you the right to file a lawsuit if negotiations fail. A lawyer with trial experience can help you with the lawsuit.
The Right to Access the Police Report
Though the police report is inadmissible in court as evidence, it can still strengthen your case in other ways. For example, you can use the report to track down witnesses or get the police's preliminary liability determination for the crash.
The police accident report is not a confidential document. You have the right to access a copy of the report. Contact the police department that responded to the crash and ask for a report copy. Some jurisdictions allow and facilitate online requests for police reports. Your lawyer can also do the follow-up on your behalf.
The Right to Seek Legal Counsel
You don't need a lawyer to handle your accident claim, but having one can strengthen your claim. You can seek legal counsel before negotiating with the insurance adjuster. The adjuster should not pressure you into accepting compensation, signing documents, or giving a sworn statement before conferring with a lawyer.
The Right to a Fair Trial
Lastly, you have the right to a fair trial if your case fails to settle outside the courtroom and you decide to file a lawsuit. The right to a fair trial means:
- The judge or jury handling your case should be impartial
- You should have relevant information about your case
- The right jurisdiction should handle your case
The discovery phase of an injury case manifests the right to a fair trial. The discovery phase allows you to gather information and evidence from the defendant — things that might affect your case.
Contact a company like G.R. Johnson Law Firm to learn more.