Filing a Car Accident Claim

There is a difference between filing a claim and filing a lawsuit. Filing a claim does not preserve a statute of limitations, nor does it necessarily result in a case going to court. However, filing a car accident claim could be the first step toward recovering financial compensation for harm you suffered due to a negligent driver. If you are interested in your legal options after being involved in a wreck, speaking with a Denton car accident lawyer could be highly beneficial.

Process of Filing a Car Wreck Claim

Filing a claim is essentially writing a demand. This document outlines what the claimant wants and why they should be entitled to it. These assertions must be supported by the evidence they gathered and presented in this demand.

A Denton personal injury attorney helping with filing a car wreck claim could help organize the evidence and present it in a compelling manner so that the defendant understands the situation. By retaining an experienced lawyer, people injured in vehicle crashes may have a better chance of negotiating a fair recovery award.

Cause of Action

If a claimant and their attorney wish to take the case to trial, they must file a complaint in a formal lawsuit. This is a formal claim filed with the court that identifies the defendant and explains why that defendant is being sued. A cause of action must outline that the defendant owed the claimant a duty, breached that duty, and proximately caused the resulting harm. If it does not, it could be found deficient, and if not corrected, could lead to the lawsuit being dismissed.

Common Misconceptions About Filing a Claim

There are numerous reasons a person injured in a car accident in the area may choose to file a civil claim. Unfortunately, there are some common questions and misconceptions people having before choosing to file.

Are Claimants Required to Sue a Defendant After Filing a Claim?

Even if a person files an auto collision claim, they are not required to sue the at-fault driver. Sometimes, a person pursuing a claim against an insurance company chooses not to go forward with a lawsuit if the case cannot be settled. In Texas, even after a lawsuit is filed, claimants have the right to take what is known as a non-suit. This is a notice that automatically ends a suit. However, if a defendant has filed a counterclaim against the claimant, the case would continue against the claimant.

Once Someone Files an Action, are They Forfeiting their Right to Negotiate Outside of Court?

Filing a lawsuit is simply part of a process. Negotiations can occur at any point, including before a suit is filed, after depositions have been taken, before or after mediation, during trial, and even after the jury has returned a verdict. Negotiations can, and do, occur at all these points in time until the parties can finalize the case.

Bryce Hopson and Kyra Stull in a meeting

Talk to an Attorney About Filing a Car Accident Claim

When filing a car accident claim, it is almost always best to enlist the services of a well-practiced legal professional. A seasoned civil attorney could accurately assess your case and help you build a strong claim against the at-fault driver so you may recover full compensation for your losses. If you wish to learn more about filing a civil claim, contact our firm today and schedule a free consultation with our team.

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