Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Filing a car accident claim in Toledo would mean that an attorney contacts the insurance company, the firm’s insurance company, the person’s insurance company, the tortfeasor, meaning the wrongdoer’s insurance company, and then opening up a claim. In most cases, an attorney may make a demand for settlement by creating a persuasive package of material, telling the story, demonstrating medical bills, records, reports, the lost wages, and photos to try to individualize a person to the insurance company. Talk to an experienced Toledo car accident lawyer for more information on essential claim considerations after an accident.
An attorney would undergo the process before the two-year statute of limitations and make an effort to settle the case with the insurance company before filing a lawsuit. For smaller cases or cases that are worth more than the policy limits of the other side, most individuals do not want the case to drag on for years and years.
If there is little cooperation from the other side’s insurance company, if the injuries are extreme, if the liability is disputed, or there is an unsuccessful attempt to negotiate a settlement, then a lawsuit would be filed following a Toledo car accident.
It is the attorney’s responsibility to tell the person the complete truth and give them an opinion about best outcomes. The individual has the ultimate say on whether the lawsuit is filed.
If there is a lawsuit filed, it could be settled and if further investigation determined that the claim was not a good claim or the wrong party was sued, then potentially, it could be dismissed. Normally, however, a person can dismiss a case with the right to re-file the lawsuit for certain period of time. About 90% of the cases that are filed eventually settle in mediation or before trial.
An attorney may file the lawsuit because the insurance adjuster is difficult or does not have enough authority from their insurance company. Strategically, there are instances in which a lawyer will file the car accident lawsuit in Toledo because there will be a different person negotiating the case from the other side or an attorney involved in the action, and the issue can be resolved faster with more agreeable parties.
A person could file smaller claims at a small claims court. The municipal court handles car claims in Toledo up to $15, 000, common pleas court would be a state court where they could sue for any amount of money from a dollar up to millions of dollars.
The vast majority of cases are filed in common pleas court and the other court would be federal district courts. In the federal district court, a person has to have jurisdiction, so the vast majority of the cases do not have jurisdiction in federal court. For jurisdiction in the federal court, the plaintiff and the defendant would usually be residents of different states and the cause of actions typically have to be for over $75,000.
There is no circuit court in Toledo. The municipal court would handle cases from $1.00 to $15,000.
Hiring a competent car accident lawyer in Toledo can make a difference following an incident. Filing a car accident claim in Toledo is not an easy process, but with an experienced lawyer by your side, you can have a knowledgeable and skilled resource by your side every step of the way.
Many individuals do not properly understand the components of a car accident lawsuit in Toledo and how insurance can be a big part of the conversation. There are many different active players that can be involved in filing a claim that a person could be confused about. Make sure that you are well-informed by having a Toledo car accident lawyer who can provide relevant information to help try to provide you the most favorable outcome.
Charles E. Boyk Law Offices, LLC