Filing a Car Accident Claim in Aurora
If you have been involved in a car accident, it is important that you file a claim. Filing a car accident claim in Aurora means that a person is putting a complaint in litigation, serving the at-fault party with notice of the complaint against them, and proceeding as if they were going to trial. A complaint is a listing of factual allegations that occurred either shortly prior to the collision, right after the collision, or right in that timeframe that establishes the claim to relief. If you want to bring a complaint against a negligent driver, consult a knowledgeable car accident lawyer who can help.
Process of Filing a Car Accident Claim in Aurora
The process of filing a car accident claim in Aurora is one in which the attorney will review any documents that relate to the liability of the collision, injuries, and damages that they have sustained in the claim. Generally, they want to look at the police report to determine which party was traveling, in what lane, in what direction, and the approximate time. They want to know what the weather conditions were, what the traffic conditions were, and what the road conditions were.
Another important aspect that lawyers want to look into is whether the injured party was wearing their seatbelt at the time. It is important to get as many factual details in the complaint as possible because if the defense or the opposing party admit to as many as 10 factual allegations made in the complaint, they will admit to 8 of them and they do not have to deal with those factual allegations anymore. They have admitted them. They are binding upon them.
Usually, the attorney will draft the complaint. They want to sit down and meet with their client prior to filing the complaint just to ensure that everything being put forth in the complaint is accurate. They want to make sure that they do not write that their client was traveling northbound when they were traveling southbound because it creates more of a problem later on for the attorney in the litigation process.
Steps a Plaintiff Will Take Before Filing an Action
The important first step before filing a car accident claim in Aurora is to have photographs of the damage to both vehicles, so they know what they are presenting to a jury. The second step is to have police reports. The third is to have the medical records. The injured party will want to have a full set of medical records regarding the accident and any preexisting injuries before going forth with the litigation process in order to avoid being caught by surprise and finding out something they previously did not know. Finally, they want to have engaged in some sort of negotiations with the insurance company to get an understanding of how they are valuing the case and how likely it is that they actually going to take the case to trial or if it is something that can be resolved in litigation, but not necessarily with the time and expense of the trial. Generally, the plaintiff and their attorney will know that answer early on in the process by comparing what they have valued the case versus what the defense has valued the case.
Importance of Working With an Aurora Car Accident Attorney
It is important to retain experienced counsel when filing a car accident claim in Aurora because you will be going up against an experienced defense team, especially if the insurance company has set aside a substantial amount of money to pay these defense attorneys. They make their living trying to devalue an injured party’s claim, so it is important that you have someone willing to fight for you.
The second important aspect to hiring an experienced attorney is that the litigation process is very time-consuming. There are a lot of hurdles and a lot of procedural things that need to get done day-to-day that an inexperienced attorney just does not have the knowledge or the time to do. Work with a capable car accident attorney that could help you recover the damages that you deserve.