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In order for someone to file a car accident claim, they must be in an accident that was not their fault. Whether or not the individual pursues the claim, it is a legal cause of action against the person who caused the accident. If the injured individual wishes to make a recovery from the accident, they must settle their claim within the statute of limitations, which is usually two years after the wreck. After the statute of limitations, if the individual has not settled their claim, they must file a legal case in court. Filing a car accident case in Oak Lawn takes many steps, therefore, it may be beneficial to have the assistance of a seasoned car wreck lawyer. If you have been injured in a serious car crash, speak with a capable attorney that could advocate for you.
The process for filing a car accident case in Oak Lawn involves setting it up with the other driver’s insurance company. An insurance adjuster would want information about the injured person, including their name, address, and date of birth. They would also want to know details about how the accident happened, the damage to the individual’s car, as well as any injuries the individual sustained.
It is important for people to remember that it is not a good idea to let an insurance adjuster take a recorded statement following an accident. It is wise for someone to let an attorney talk to the insurance adjuster on their behalf.
Following a car wreck, the attorney will want to gather the facts of the case in order to prove fault and calculate the damages. This is important to do before filing an action against the negligent party. An experienced attorney could guide someone on what is needed to best prove their claim. Some of the evidence used in a car wreck claim include the police report, photographs, and medical records.
When someone files an action, they are not required to continue suing the defendant. Whether or not someone chooses to pursue an insurance claim following an accident, there is a claim set up for the person. Many claims are settled out of court, however, if it has not been settled, then the plaintiff’s lawyer would file a lawsuit against the other driver.
The courts where individuals could file a car accident claim in Oak Lawn are dictated by the facts of the case. Each county has their own court system. Factors such as where the car accident occurred, where the at-fault driver lives, and where the injured person lives, could influence what county the case goes to court. If more than one county has jurisdiction over the case, the lawyer discusses the positives and negatives in filing the case in the different county courts.
The value of the case also dictates what branch of the county court hears the case. Cases worth less than $10,000 are considered small claims court. Cases under $30,000 are heard in the municipal department and cases over $30,000 are heard in the law division. Each court has its own rules and procedures. Some cases are eligible to be filed in federal court. Cases where the injuries exceed $75,000 and one of the parties is from out of state may be filed in federal court.
When someone files an action, they are not forfeiting their right to negotiate outside of court. Settlement negotiations following a car wreck may occur at any time. However, it is important not to consider settling until you have made a complete recovery.
If an insurance company agrees with an amount of settlement, then the case is settled out of court. If the injured individual and their lawyer reject the insurance company’s settlement offer, they will file a lawsuit to get the compensation they believe is fair. Even while the case is in court, settlement negotiations may continue. The opposing parties may get closer to a settlement as a case goes through the court system.
It is essential to retain an experienced legal professional when filing a car accident case in Oak Lawn. A seasoned attorney will evaluate all the different factors regarding the case. Where the case is filed could impact the chances of whether the plaintiff wins or loses the case, as well as the potential monetary recovery from a jury. A lawyer will be familiar with the various county court systems and the judges in each jurisdiction.
If you would like to know more about filing a car accident case, reach out to an accomplished lawyer today.