When someone files a claim or action, they must outline their complaint. In car wreck claims, the claimant may describe the reckless behavior of the defendant driver, their injuries, and their requested settlement amount for compensation.
Once an injured party writes their complaint, they must serve their claim to the defendant. After a defendant receives a written complaint, the claim is brought back to the court and is entered into the docket. If you need help filing a Manchester car accident claim, speak with a skilled attorney.
Writing a Complaint
Writing a claim involves a review of the evidentiary documents in any police reports and medical records, and summarizing this evidence into terms that fit the complaint language. At this point in the filing process, the claimant should be explaining what happened, their injuries and other losses as well as the amount in compensation they are looking for.
For a civil claim to be viable in court, the written complaint must describe how the actions of the defendant driver were negligent. This could involve inattention to the road, running a stop sign, or driving at a rate of speed that was greater than the posted limit. In most cases, this involves the opposing party violating a traffic law of some kind.
A plaintiff should take ensure that they describe a complete picture of the accident and their medical treatment. When filing a car wreck case in Manchester, an attorney could review a claimant’s written complaint and ensure that it is accurate and meets the legal requirements.
Where to File
The location in which a claimant files their case depends on the location of the accident and the residency of the drivers involved. One of the courts in which an injured party could file a car accident claim in Manchester is in the Judicial District of Hartford.
A claimant may submit their case to another court if the defendant lives in a different jurisdiction or if the accident occurred in another state. Additionally, depending on the claim, someone could file with the federal court.
Involvement of the Claimant
The claimant should be significantly involved in the filing process. They are the first and best witness with respect to what happened. The goal of their attorney should be to ensure that they get a complete understanding of their accident. The attorney writes the complaint, and then the plaintiff reviews it and ensures that they agree with the statements that are made, and the claim moves forward from there.
Negotiating a Settlement
Once someone files an action, they are not required to continue suing the defendant. If new circumstances arise, the case settles, or the plaintiff changes their mind, they could file a withdrawal of action and terminate their claim.
Additionally, it is important to note that once someone files an action, they are not forfeiting the right to negotiate outside of court. Once a plaintiff submits their car accident claim in Manchester, the insurance company may contact the claimant’s attorney to begin settlement negotiations that happen outside of court.
If some situations, the case may settle well before it is scheduled to go to trial. Negotiations typically occur after the defendant reviews the case and decides whether it is worth it to challenge the lawsuit or save time by settling.
Retain an Attorney for Help Filing a Car Accident
It is important to retain experienced legal counsel when filing a Manchester car accident claim because they know the makeup of the area and the best judicial district to bring a case. An attorney may also know the types of claims that may be available to you based on your accident.
Additionally, a lawyer could help you throughout this process by being your legal advocate, establishing the value of your claim, and negotiating for a fair settlement. To learn how an attorney could help you, call today.