If you’ve been involved in a car accident, the single most important decision you can make following the incident is to hire an experienced attorney. An automotive accident is an incredibly complex issue; one that requires the assistance of insurance companies and many legal professionals to handle correctly. The most difficult part of any accident – for most people – is handling the insurance company and its adjusters after the fact. They utilize a lot of legal jargon to confuse you and make the process difficult to pay out less where possible.
How to File a Lawsuit With an Insurance Company
After a car accident, your personal injury attorney will attempt to negotiate a settlement that adequately represents the personal, medical and financial impact you have experienced. However, when a just outcome is not possible, you can start the process of filing a lawsuit. Here are some of the main stages in this process.
Where to File
The next step in any insurance claims lawsuit is to know where and when to file. The venue is crucial. For example, are you supposed to file in county court where you live, or where the injury occurred? Often, a lawsuit can be filed in multiple districts, but a single mistake can ensure the case is dismissed outright.
For a small claims lawsuit, you can file in the most convenient court for you. For more serious injuries, however, seek a higher court after speaking with a trained attorney on the matter. Your lawyer will know what venue is right.
Limitations
Of course, the amount you intend to sue for must be within the maximum monetary jurisdiction of the court, too. For example, if the monetary limit of your local court is $10,000, but your damages or injuries are $15,000, the maximum verdict will remain at $10,000, resulting in a potential loss. To receive the full judgment, you need to file in the correct court – a higher jurisdiction court.
Discovery and Settlement Negotiations
During the discovery phase of the lawsuit both parties exchange crucial information through interrogatories, depositions and document requests. With the help of a knowledgeable personal injury attorney, it may be possible to uncover vital evidence to support your case.
Settlement negotiations offer a way to resolve the lawsuit without trial, allowing both parties to save on time and legal costs. These discussions aim to reach an agreement on compensation based on the facts of the case, one that that satisfies the both the plaintiff and the insurance company.
Product Liability Attorney Serving McKinney and North Texas
Lucé Law, PC is a trusted McKinney law firm offering personal injury, civil litigation, auto accident and product liability services. If you have suffered an accident or injury and need guidance and representation, speak with our attorney team today. Call (972) 632-1300 or request a free legal consultation now.
