Filing a claim with another insurance company or is a matter of putting them on notice that an individual has suffered some sort of injury and expects to be fairly compensated. Following a car accident, you should speak to an attorney about the next steps you should take. Often, this involves filing a car accident case in Dallas. With the help of a local car accident lawyer, you may be eligible to recover compensation for all of your damages.
Elements of a Car Accident Claim
Viable claims have to contain all the elements of a cause of action. In a car wreck case, it would generally be a claim of negligence which requires certain elements to be pled and petitioned. A negligence claim first consists of somebody owing an individual a duty. For example, on a roadway, somebody who has an obligation to stop at a stop sign has a duty. The injured party and their attorney needs to prove that the duty was breached and that breach caused an injury.
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Once Someone Files An Action, Are They Forfeiting The Right To Negotiate Outside Of Court?
If someone files an action, then it is in litigation and in negotiations, at that point, it would be under litigation. A settlement still could occur prior to a court date, and oftentimes they do. Negotiation can still occur, there is just a pending lawsuit underlying.
Do Negotiations Continue Even After The Case Is Filed?
Yes, negotiations can continue after a case is filed. Attorneys will still try to reach a fair settlement, even after the lawsuit is filed. 95 percent of cases settle prior to a jury trial. After a suit has been filed, the attorney will start working on a litigation case with depositions and mediations. Often, those lead to a resolution from a negotiation standpoint prior to getting to a trial.
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Locations To File a Lawsuit
If an individual has a small claim and wants to go at it themselves, which is certainly an option, the local Justice of the Peace Court or sometimes referred to a Small Claims Court, has limits of $20,000.00, and that is the lowest court that an action can be filed in. They do not have to have an attorney there to file something on their own behalf there.
Then the next level would be the County Court, Dallas County has County Courts at law, which a lot of car wrecks are filed in. Above that would be the District Court, which a lot of these cases are filed in District Court to and depending on the case, sometimes we end up in Federal Court.
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Schedule a Consultation With a Car Accident Attorney Today
The process of going through a claims process can be confusing, that is why it is important to rely on a car wreck lawyer who is experienced and has handled hundreds of car wreck cases. Most importantly, a seasoned attorney will know how to value a case and to get the maximum amount of damages awarded to them. It is important to note that not every case goes to trial. There are a lot of lawyers who are not comfortable in the courtroom, so it is important to find an attorney who is not afraid to litigate cases.
Without an experienced car wreck lawyer, then the insurance company is going to lowball the unrepresented person and try to settle for a nominal amount. They often lowball their offers, but a car accident attorney will know what the case is worth and can push it further and litigate it if they need to, to ultimately get what you deserve. Get in touch with a nearby attorney to learn about filing a car accident case in Dallas.
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