Aurora Car Accident Claim Requirements
Following a car accident it is important to consult a skilled car accident lawyer. There are certain Aurora car accident claim requirements that must be met for a claim to be viable in local courts and your attorney could use their experience and knowledge to help you file a claim. If you have been involved in an accident, consult an attorney today and know that you are in capable hands.
One of the first Aurora car accident claim requirements is establishing that the court has jurisdiction to hear the claim. What that means is that the defendant did something to bring themselves in front of that court. Generally, because it is a collision that happens in Colorado, the defendant has submitted themselves to the jurisdiction of the court by the sole means of being in Colorado. Thus, that one is generally not difficult to establish.
Another aspect of filing a claim is establishing which venue that they are filing the claim in. There are district courts in Colorado and they want to be sure that they are filing the complaint in the correct district court. Usually, it is based on what county the collision happened. If a motor vehicle collision happened, for example, in Adams County, which is where part of Aurora is, an individual would not want to file the complaint in Arapahoe County. That is not a proper venue for the litigation to proceed. Unless the defendant lives in Arapahoe County, it can go forward in that County.
Making a Claim for Relief
Before filing a claim, it is important to make sure that there are factual allegations that can sufficiently establish the claim. The plaintiff and their lawyer want to lay out or set forth what the defendant did or did not do that caused injuries and damages to the individual.
A person will also want to make a claim for relief. Generally, what that means is what theory of liability are they proceeding against the defendant. As a result of a motor vehicle collision, they are going to see mostly negligence, which means that they failed to behave as a reasonably prudent person under the same or similar circumstances or negligence per se, which means that there is some law that is set forth in Colorado that the defendant violated. That law was put in place to protect the public from incurring the types of injuries and damages that the injured party sustained. A violation of that law in is considered negligence.
Finally, the last thing they want to put in a complaint is a claim for the damages, basically laying forth what type of damages they are seeking. If they make a claim establishing one through four, they get jurisdiction then factual allegations and the claims for relief that do not set forth damages. Then the court does not have anything to award them if they proceed to trial and are successful.
How an Aurora Car Accident Attorney Can Help
Part of a lawyer’s duty is to provide guidance. An attorney will try their best to hear you out and listen to your story. A lot of times people forget about the importance of listening. Many lawyers do not call their individuals back or go the extra mile to help people and make them feel like they are being heard. An attorney’s job is to not only guide you through the legal process, it is also to make sure that you know someone is fighting for you. A lawyer could use their knowledge of Aurora car accident claims to build a solid claim for you, and help you recover the damages that you deserve.