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Colorado Injury Firm

Steps in Filing an Aurora Car Accident Claim 

If you have been injured in a car accident, you might wonder what steps in filing an Aurora car accident claim you need to take. A seasoned car accident attorney could help guide you through the claims process. Work with a capable car accident attorney and know that you are in good hands.

Plaintiffs in the Claim-Filing Process

The involvement of the plaintiff in the claim-filing process often varies. The one thing that attorneys like to have every potential client do is to come in and meet with them, review the complaint, and make sure that everything is factually correct and that they understand that this is the point where they are moving forward into the litigation process.

After the complaint is filed, it becomes a lot more intensive and the plaintiff becomes a lot more involved because they have to assist in responding to discovery, have their deposition taken, and if their case proceeds to trial, they have to go through an entire trial. Depending on the length of the trial, it can be an involved process for the plaintiff.

Once Someone Files an Action Must They Continue Suing?

Once someone files an action, they are not required to continue suing the defendant, that is not one of the steps in filing an Aurora car accident claim. It is the plaintiff’s claim. The lawyer’s goal is to make sure that they are getting the compensation that they deserve in their case. Oftentimes, the attorney can advise an individual that the offer is not enough, but if the person is satisfied then it is fine.

If a certain offer will resolve the case for the plaintiff, the lawyer does not have to continue suing the defendant. They can resolve and dismiss the case. Other times, they see people that are very risk-averse and do not like the thought of even proceeding into litigation. At that point, they are not required to continue asserting a claim against the defendant.

Forfeiting the Right to Negotiate Out of Court

Once someone files an action they are not forfeiting the right to negotiate out of court. They file the action and that signals to the insurance company who is the one that will provide the defense. In 95% to 99% of these cases, the insurance company provides the defense. Basically, what they are telling them is that they do not feel as though they are valuing the case correctly and that if they continue to do so they are willing to take the case to trial to get what is fair in the case.

However, once they file the action, the negotiations continue more or less until the time of trial. They go through mediation where they sit down with a former judge or experienced attorney who has handled nothing but mediations and personal injury cases and try to resolve it. Negotiations are continuously ongoing until trial. Sometimes, even throughout a trial, it is typical that they might be able to resolve a case the morning of trial or after jury instructions have been given, so it is not a forfeiture of their right to negotiate.

Negotiations Following a Car Accident Case Has Been Filed

Negotiations continue after the case is filed. After the lawsuit is filed, they serve the defendant. They let their insurance company know that they have been sued and, from that point, a series of negotiations begin. Sometimes, they receive negotiations very early on in the litigation process. Sometimes, they wait and after they complete the discovery process, they go to mediation with a neutral party experienced in these types of cases. They will sit down with both parties and try to come to a resolution of the claim. Filing the lawsuit against the defendant does not mean that negotiations stop. It is very rare to see negotiations completely break down in a motor vehicle collision case after filing a lawsuit.

Courts Where Individuals Can File a Car Accident Claim

One of the steps in filing an Aurora car accident claim is determining which court the case will be tried in. There are four courts where a motor vehicle collision claim can be filed in Aurora. The most common one is a district court. Colorado is divided into districts. Oftentimes, it might be one county, it might be two counties, but one can file cases in district court. There is a county court for each county. Cases in county court are recommended to a recovery of $15,000.  A lot of times, most attorneys choose to opt out of those, because they do not want to feel as though they are limiting their plaintiff’s damages to only $15,000.

There are small claims courts where motor vehicle accident lawsuits can be filed. Generally, attorneys do not file cases in those. It typically tends to be more of a pro se or the injured party doing it on their own in small claims court. Finally, there are federal district courts that one can file a lawsuit in for a certain number of reasons. Those typically do not get filed in federal district court, though.

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