The law gives you the permission to submit a lawsuit against the government bodies, responsible for road maintenance if your car is damaged due to severe road conditions. But, there are certain limitations in these sort of cases which you should know before starting a lawsuit in Miami. In this guide, we have briefly discussed the things which you should about car damage lawsuits due to poor road conditions.
Prove the Government is Irresponsible
You will need to come up with substantial evidence that the government is in the wrong. The law will hold the government responsible for your damages only if it has acted in an irresponsible way in the maintenance and upkeep of the road.
Conditions accounted as Irresponsibility
There are certain things which could lead to an accident on the roads. For instance, sinkholes and potholes, cracks and broken patches, confusing street signals, construction debris, and small roads are some of the many things which could be considered as dangerous road condition.
You wouldn’t be able to hold the government responsible for the damage if the pothole appeared only a short time before your accident. You need to come up with substantial evidence that the government knew about the dangerous road conditions for some time. Even in the current technological age, the government will not be able to repair the road within a short period.
Say, a sinkhole appeared on the road somewhere around midnight, and an accident happened at around 00 30 hours then it will be totally illogical to blame the government for your loss. You will need to give evidence that the road was prone to sinkholes, which government knew but did nothing to fix the issue.
With this information, you should have some idea that under what circumstances you can use your right and take the case to court. The court demands strong evidence, and if you are unable to provide them then, you could end up with a loss case.
Comparative Negligence in Miami
Comparative negligence is measured in ratios, and the percentage of your negligence will lead to a reduction of the same percentage of money from your total compensations. For instance, if the jury has found you to be at 10% negligence then they will reduce the number of your settlement by a ratio of 10%.
Furthermore, the government or the municipality could also argue that you could have avoided the road. However, it doesn’t mean that you can’t go forward with your case. With the help of a Personal injury attorney, you can come up with points to validate your viewpoint.
Special Rules to Follow in a Claim against Governmental Authorities
You will need to follow the rules and regulations set by your state regarding the lawsuits against governments or municipalities. Each state has its particular laws, different from the other. Apart from general rules, the statute of limitations is different for varying states as well.
These are the general things which you need to take into consideration when filing a lawsuit for bad road conditions in Miami:
Notifying the Defendant: The first thing which you need to do is informing the defendant that you’re going to the court to recover your losses. You’re required to do this within the shortest possible time otherwise your case will lose its potential. It is better to notify the other party within 30 days of the accident.
The statute of Limitation: It is the duration under which you can use your right to go to the court and file for compensations. The duration varies with the state to state. Once this duration is over, you won’t be able to file for a settlement anymore.
Claim against Proper Entity: Thirdly, it is paramount to address the right government body in the case you’re presenting otherwise you won’t be able to get any compensation. For instance, you should know that who is responsible for the road upkeep in your area; either it is a state, county, or the city itself. Because, if you send the notice to the wrong body, you will lose your chance to claim compensation.
You need to keep these guidelines in mind before going into the court over your damages caused in a road accident. The best practice is to learn about the rules and regulations of your state or to consult a lawyer beforehand.
Speak with a Personal Injury Lawyer
Every state has a limit on the amount of money it pays in compensations. These limits vary by state. Some states offer you as low as $5,000. It isn’t easy to get money from the government for your damages but certainly possible. It is wise to hire an experienced and professional personal injury lawyer before going to the court. Follow our blog for more information.