Charles E. Boyk Law Offices, LLC
Important steps in a Toledo car accident claim filing process includes an investigation, obtaining a police report, photographs, witness statements, all the medical records, medical bills, medical reports, and collecting any evidence.
If possible, an attorney may try to negotiate with the insurance company by sending a demand package. If the individual is still treating their injuries, an attorney would have just filed the lawsuit. If the other side is going to dispute or the injuries are serious enough, an attorney can file a lawsuit early in the process. If it is a smaller case, negotiating a settlement is likely. For a larger case, an attorney may file an accident claim early strategically if the other party will not expose the insurance claim. Talk to a professional car accident lawyer for more on the process.
A legal assistant would find out who the insurance adjuster is and what the claim number is. Then, an email would be sent as well as a mailed representation letter indicating that the attorney represents the person. It would also include information on accident dates and to specifically deal with the attorney on this claim. An attorney would email the insurance adjuster to see if they can settle the case soon or whether there is a need to file the lawsuit.
In order to file a lawsuit, a person files something called a complaint, which is basically a lawsuit that includes their causes of action, meaning their theories of liability. Typically in a lawsuit, we would include the names of the person, they would be the plaintiff, they would be suing the people responsible for the accidents, perhaps the driver, the vehicle, and the owner of the vehicle. It would also include information regarding how the defendant was negligent, and whether they ran a red light, whether they ran a stop sign, or whether the person who owns the car negligently entrusted it to another person. For example, maybe the car owner lent the car to a person with a suspended driver’s license or had previous drunk driving convictions.
Then an attorney would explain in some detail what the damages are and what amount is necessary for compensation. For example, an attorney could claim an excess of $25,000 in damages. Typically, a lawyer will include a cause of action that would be filed with the court and then the court would send out a copy of the lawsuit to the defendants of the case.
The Toledo car accident claim filing process can be difficult and complicated. If it is a large case, there are a number of potential ways that a party can substantially increase the value of the case or decrease the value of the case. A competent attorney knows the strategy and the reasoning behind all of those aspects, which is why it is important for someone to hire a lawyer who specializes in car accident cases over somebody who does them a couple of times a year.