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Whenever an accident occurs, a claim exists, though whether or not someone chooses to pursue the claim is entirely up to them. Many cases are settled prior to filing a lawsuit. If the case is unable to be settled, a court action can follow. If you are looking to recover damages, it is important to know the process of filing a car accident case in Cicero. The best way to learn your options is by hiring a trustworthy car accident attorney.
After a car accident, a claim is typically set up with the negligent party’s insurance company. There might also be a claim under the plaintiff’s own car insurance. Depending on the nature of the injuries, a lawyer might be able to settle the claim directly without the necessity of having to go to court. If the insurance company refuses to make a reasonable offer of settlement, the next step is to file a legal case against the at-fault individual.
In order to make the best recovery following injuries in a Cicero car accident, it is important to document the case thoroughly. Regardless of the nature and extent of the injuries, if the proper documentation is not included, the ultimate settlement will be lower than it should be.
In addition to a police report, other important pieces of evidence include medical records and bills, photographs, as well as the testimony of any doctors who treated them for their injuries.
Insurance adjusters want basic information in order to establish a claim, most of which is contained in the police report. In order to set up a claim, an adjuster needs to know the name, address, and date of birth of each of the individuals involved in the car accident, as well as details about the cars involved.
If any of the parties were injured, the adjuster will need to know the nature and extent of the injuries in order to properly evaluate the claim. It is not advisable to speak with an insurance adjuster following a car accident, as they will have their own interests in mind. Because personal injury lawyers do not charge an upfront fee, it is always advisable to speak to one following an accident.
The plaintiff is always in charge of the decision on what to do with the case. If the plaintiff chooses to dismiss the case with no recovery, that is entirely their decision. Likewise, no one can settle a case for a plaintiff without their consent. There is no obligation to settle a claim or to move to a trial. A plaintiff is free to dismiss their case against a defendant at any time. However, this would mean there would be no recovery.
It is commonplace for negotiations to continue in a local auto accident case even after a lawsuit has been filed. There are natural times in a case where exploring the possibility of settlement makes sense. However, the two sides can continue to negotiate right up until the jury makes their decision. This can often be a strategic choice which an experienced lawyer could be best suited to decide.
There are certain requirements that must be met in order to file a car accident case in different courts. First, the decision about whether to file a case in state court or in federal court is important. Most car accidents are filed in state court. The only time a case could be in federal court is when it involves an out-of-state driver and the damages exceed $75,000.
The state has two different courts which hear car accident cases. The Municipal Court hears cases where the damages are under $50,000. If the injuries and damages exceed $50,000, those cases will be filed and heard in the law division.
A lawyer with experience working in car accident cases could increase your chances of making a full monetary recovery. There are many pitfalls associated with car accident claims, which a lawyer could help you to avoid. In almost all cases, even after paying the attorney fee, you could receive more compensation after hiring an attorney than if you decided to pursue a claim on your own.
If you plan on filing a car accident case in Cicero, call a legal professional to ensure you are in a good position to be successful.