Date Posted: 4/13/2012 7:45:16 AM
Posted By: sashoo Membership Level: Silver Total Points: 382
It is unfortunate when someone gets involved in a car accident and in many cases the accidents are avoidable. What does the law provide in such circumstances? It generally falls under the law of Tort where the neighbor principle applies. This neighbor principle simply states that, "one should consider others and the consequences to them when acting or doing something". The law of motor accident is known in many different ways such as car accident law. However, the content is similar. How does one claim damages after being involved in a car accident? Who is supposed to make a claim? What is the legal process that one should follow to file a claim? How much compensation can one get? These are some of the topics that every motorist should be familiar with.WHAT IS MOTOR ACCIDENT CLAIM?It is the legal process of stating that one is entitled to certain payments according to the law of tort. This should be made to the party that has been grieved. The legal process differs with the jurisdiction of different areas, therefore, it is advisable to know how to claim for damages, which are also referred to as compensation, in the area that one lives in. One needs to fill out a legal document with all appropriate information before the case can be judged in court.It is equivalent to filing a suit for other civil cases.WHO CAN MAKE A CLAIM?It is basically the person who has been grieved as stated earlier. One would assume that it be a pedestrian if the accident was between a car and a pedestrian. However, the one who would have been found with fault will be liable to pay compensation to the grieved party. The grieved party also needs to prove negligence of the other party in order to claim any compensation.One way to know who the grieved party is, is by waiting for the policemen at the spot where the accident took place so that they may evaluate the damage and determine who was at fault.HOW MAY LAWYERS ASSIST?Lawyers are more knowledgeable and thus will guide someone in the direct way.Most people are less informed about the legal system and end up representing themselves. This may result in receiving less compensation than one would have received. Some may end up losing the case all-together.When the grieved party meets with their lawyers it is important they tell them how much they might have spent from the day of the accident. They should be sure to keep all bills and receipts that resulted from the accident. These include any hospital bills, any psychiatrist bills and any other expenses that may have been incurred due to the accident - for example, having to rent out a car or getting a wheel chair or getting a private nurse to help. It is also important to tell the lawyer what injuries were caused by the accident. Were they physical, emotional or mental injuries? The lawyer will then be able to calculate the value on this things that are intangible, for example, emotional trauma.A lawyer is also helpful in knowing how to fill the claim form and how to go about seeking compensation. This would really help if someone was unaware of what the law provides or when there are different jurisdictions. They shall also advice on where to file the claim. In general, there are many places where one can file a claim; where the defendant (the one who is at fault) lives, where he works or where he was born. The lawyer will look at different factors such as the convenience of the location to the grieved party and their witnesses amongst many other things before deciding.THE LEGAL PROCESS OF FILING A CLAIMEven though one may have opted to get a lawyer to defend their case or may have decided on representing themselves, it is important to know the legal process of filing a claim. Before even deciding on filing a claim, one should contact the local authorities the minute the accident has occurred. This is vital since as earlier stated, the police will determine who was at fault. Furthermore, their documentation on the accident will help in building one’s case against the defendant.In addition, one should register with the court; this is where one will get a claim form to fill out. Some of the details that one will have to fill out are as follows:i) The plaintiff’s name (the grieved party''s name)ii) The defendant’s name.iii) The nature of the accident.iv) The compensation one is claiming.Other details may be needed but these four are the key elements that are needed in any claim form. Most cases do not even reach this level since both parties will try to settle things out of court. What determines if the case will be heard is, whether the defendant acknowledges that he is guilty or not.THE COMPENSATION ONE CAN GETThe compensation one can get can be split into two. Firstly, one can receive payment for the damages that have been incurred. The values of these damages alter with the nature and extensiveness of the accident. However, it shall be based on the amount that was written on the claim form. If the plaintiff included interest they should be careful to specify which tax rate they shall be using. In general, the court’s tax rate is usually higher. Secondly, one can be compensated on equitable remedies which simply ensure that the grieved person is getting compensated fairly. So to be fair, the court will compensate for emotional damages as well as other damages involved. It is one’s right to be compensated for damages.In conclusion, it is a tragedy when someone is involved in an accident. For many, they tend to brush under the carpet and simply say it was an act of God. However, by being more informed about what the law provides will help someone claim what was rightfully theirs since the purpose of compensation is to restore the grieved party to where they were prior to the incident.
Next: Marketing environmental variablesPrevious: Development of banking in Kenya
Get premium membership