Personal Injury Claims for Public Transportation Accidents
A transport accident is an accident that can be suffered by someone during transportation. These include; sailing ship accident, train accident, aviation accident and vehicle accident. During the accident, passengers might get hurt. In the event that this happens, there is need for the affected party to contact their personal injury lawyer at this link in order to assist them seek for compensation. The law holds carriers to a very high degree of duty of care for their passengers. Therefore whenever they fail to meet these obligations and this causes injury to the passengers, then there is need for them to be held responsible for such injuries. Some of the claim procedures are as discussed below.
Statute of Limitations
The law stipulates that an injured person due to public transport must do so within the statute of limitations period. Unlike for non-public transport injuries which can be filed within one to five years, public transport injuries have a shorter statute of limitation period which is sometimes between 30 to 60 days. It is therefore important that an injured party files their public transport injury claims promptly. Failure to do so may lead to rejection of the claim. This could be a related case: http://edition.cnn.com/2015/08/16/us/kendrick-johnson-parents-lawsuit-amendment/.
Prove of Negligence
Transportation injuries may occur as a result of negligence. In this case for one to be successful in claiming for personal injury there is need for the claimant to provide sufficient evidence that the carriers negligence was the direct cause of his/her injuries. For public transport carriers, there is a lot of evidence needed to prove that the carrier was actually negligent as compared to private carriers. This is due to the law fact that public transport carriers are held to a high degree of care to their passengers. Some of the evidence needed to prove negligence are; witness statements, photographs from the scene of the accident, police abstracts, witness statements and weather reports.
Injury claims against government entities such as schools, local governments are typically subject to Tort Claim Act. It should be noted that filing an injury claim against a state entity is different from doing the same against a private company or person. Tort claims demand for compliance to specific time periods and filling of special forms. If one hesitates to do so they might lose their right to compensation.
Duty to Mitigation
The injured party is obligated to take actions to mitigate the effects of an injury. Failure to do so may limit the amount of compensation one will receive or no compensation at all, visit us here!