Filing a Charlotte Car Accident Claim
A lawsuit involving an auto accident starts with the filing of a car accident complaint in the court and the issuance of a civil summons. This complaint is the document that starts the lawsuit, sets forth the facts related to the car accident, and states the claims the person asserts against the other person they are trying to hold responsible for the damages. To ensure that this is done properly it is important to consult with a Charlotte car accident lawyer.
Important First Steps
An individual needs to have as complete a picture of the facts and the damages when filing a car accident case in Charlotte. That includes interviewing key witnesses, gathering key evidence such as photographs, and acquiring any documentary evidence that exists.
The injured person should gather all of the information about the bodily injury claim, get all of the medical records, and know whether their injuries are completely healed or there are going to be any lasting effects. An individual would get that information from the medical records and through statements from the medical doctors. The person also needs information about lost wages, if that applies, in order to properly file a car accident case in Charlotte.
Challenging the Defendant
When an individual files a car accident case in Charlotte, they are suing the defendant. While the lawsuit is pending, they are continuing to sue the defendant. An individual has to sue the defendant to establish their liability for damages. The insurance contract promises to indemnify the person against those damages up to the limit of the policy. The injured person has to sue the other party individually to establish his liability to obtain the available insurance proceeds.
When someone files an action, they are not forfeiting the right to negotiate outside the court. That is between the parties. Negotiations can continue even after someone files a lawsuit. An individual should be sure to contact an attorney to make sure they are properly negotiating with the other party. This can help in recovering the maximum amount to the individual filing the car accident case in Charlotte.
Where to File
In Charlotte, an individual’s claim is filed in state court. The person has one of two options. They can file their car accident claim in the district court. However, the damages in that court cannot exceed $25,000, so that may be best for the smaller claims. Their second option is to file their claim in the superior court where the claim must have a value in excess of $25,000. Federal district court only applies when the other party is from out of state. There is a diversity of jurisdiction among states between all the parties but, generally speaking, a Charlotte car accident claim is filed in state court.
Any individual involved should be sure to consult with a lawyer to assist in the process of filing a Charlotte car accident case to help produce a positive outcome.