Car accidents are common, and the injuries they produce can upend lives. Many people who were in an accident through no fault of their own decide to seek damages from the negligent party. In order to get this process started, one must know how to file a claim with the relevant court.
Filing a car accident case in Hanover County can be intimidating. However, it can be made much easier by enlisting the help of a determined car accident attorney. They can use their experience to guide you through every step of the filing process and beyond. Getting your claim on the docket is the first step in seeking justice for your accident.
A plaintiff’s attorney will want to look at the photographs of the damages, seek out medical opinions from doctors, and gather as much evidence as possible. At that point, they may try to negotiate with the defendant’s insurance company to try and get a settlement. If they cannot reach an agreement, then the attorney can file the lawsuit in order to increase pressure on the insurance company.
Even after someone files an action, they are still allowed to negotiate outside of court, so the fear of losing out on a settlement should not hinder them from suing. In addition, a plaintiff can dismiss an action they have already filed, if they so choose. In instances where there are multiple defendants, achieving a settlement with one of them might mean that the rest can be dismissed. Therefore, filing a claim does not lock someone in to seeing a trial all the way through.
When a plaintiff files a case, it is different from making a claim to the insurance company. A case filing involves a formalized document to a court that lays out their claim against the negligent party and the injury that has resulted.
To file a car accident case action, a person must write out a complaint and file it in the appropriate court. A formal claim must lay out the duty of care the defendant had, the breach of duty that occurred, the injuries that the plaintiff sustained as a result of the breach, and the compensable damages that arose out of those injuries.
At some point (always within a year), the complaint is served to the alleged negligent party. They then have 21 days to respond to the complaint.
When filing a local civil action for a car crash, it is important to know which court it will be heard in. Civil claims that are valued at $25,000 or less are usually filed in the general district court. Claims that are valued above $25,000 are filed in the circuit court – although they can also hear certain cases valued below $25,000. If a case from Hanover County goes to a federal district court, it will be heard in the Eastern District of Virginia, located in Richmond.
It’s important to retain an experienced attorney when filing a car accident claim. They could have prior experience with those types of cases and know the details that must be met in order to increase the likelihood of a favorable outcome. An attorney can also take the burden off the plaintiff at a time when they should be recovering from their injuries.
Lawyers can help a claimant who is filing a local automobile crash suit by providing emotional support and keeping them updated about the status of the case. Notifying the court of the dispute is the most important part of the case, so it should be handled properly from the start so as to make a favorable impression.
It may be overwhelming to think about filing a claim if you have never done it before. That is where a local attorney can help you. A legal professional can provide assistance in filing a car accident case in Hanover County and all other aspects involved in recovering damages. Contact one now to learn how you can get started.