Charles E. Boyk Law Offices, LLC
Before filing a Fremont car accident claim, an injured person should consult an automobile wreck attorney. Legal counsel could examine a person’s case, explain their legal options, and help them pursue damages. Reach out to a seasoned car accident lawyer to learn more.
If a person is in a car accident, they may file a Fremont car accident claim with their insurance company. When the attorneys contact the insurance company of the defendant, the plaintiff, which would be the under the insurance motors coverage, they are opening up a claim. It is typically considered a claim in pre-litigation before they file a lawsuit. Once they file the lawsuit in court, it becomes a case and then an action. There may be several causes of action in a car accident case. There may be a cause of action which in effect is a specific request for damages for the cause of the accident. There may be a cause of action for loss of consortium, which would mean a loss of services to a spouse, a parent, or a child. There may be a cause of action subpoena with the damages for outrageous conduct by the other party. Those would be the distinctions.
The process of filing a Fremont car accident claim typically involves writing a claim. Each court has its own form that they may want a person to use. In the lawsuit, the parties are named. This could include the name and address of the plaintiff and the identity of the defendant who is being sued. The form typically has the attorney’s name, address, phone number, email address. This may also include a short statement of the facts of the case and what happened, and the specific causes of action that could tell the story and explain what the person is suing for. There may be an indication of whether the person is asking for a jury trial.
Before filing an action, a plaintiff’s attorney could look at the evidence for liability, the police report, the photographs, and the various witness statements that may have been collected. They could get the damages that the plaintiff has, which could include the medical bills and medical records, and the opinions and reports of the doctors to see if negotiation with the insurance company makes sense. The attorneys could make tactical decisions that are better off than filing a lawsuit or negotiations may not go anywhere.
In the initial intake with the plaintiffs, lawyers could explain the entire car accident process to the potential client, as well as explaining how they (the lawyer can help). Some of an attorney’s duties include:
Individuals are under no such restrictions to continue and sue the defendant. If there is a decision after filing the lawsuit, they could dismiss the defendant or defendants in the case. For tactical or practical reasons, there may be a strategic decision that one or more of the defendants should be dismissed at the case. That could be done at any point in the lawsuit litigation.
When someone files an action, they are not forfeiting the right to negotiate outside of court. Over 90 percent of the lawsuits that are filed are typically negotiated outside of courts before the cases get resolved.
Individuals could file in the Fremont include Municipal Court. If they are asking for $15,000 or less, they could file a car accident lawsuit in Sandusky County Common Pleas Court. They could file in Federal District Court in the Northern District of Ohio if they are asking for in excess of $25,000, or if there is a diversity of citizenship, meaning one of the parties lives in Ohio and the other party does not or are all the parties live in another state.
The insurance companies negotiate and evaluate claims for a living. To balance the playing field, a person could need someone who has handled a large number of auto crash claims to advise them of what their legal rights and options are, to explain what fair value is in the Fremont Sandusky County marketplace, and to ensure that they do not get ripped off by the insurance company. Once they resolve the case, the injured person has bought all the future risks and problems. A person needs to feel confident that they are making a wise and educated decision. For help with filing a Fremont car accident claim, contact a well-practiced attorney. Call today and understand your options.