Filing a Car Accident Claim in Denton
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 in Denton 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 local injury attorney could be highly beneficial.
Process of Filing a Car Wreck Claim
Filing a claim is essentially writing a demand. This is a document that details what the claimant wants and why they should be entitled to it. These assertions must be backed up by the evidence they gathered and present within this demand.
A Denton attorney helping with filing a car wreck claim could help organize the evidence and presenting it in a compelling manner so that the defendant understands the situation. By obtaining an accomplished lawyer, people injured in vehicle crashes could 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 cause of action in a formal lawsuit. This is a formal claim, filed with the court, that states who is being sued and why a particular 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.
Talk to a Denton Attorney About Filing a Car Accident Claim
When filing a car accident claim in Denton, 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.