The time has come to file your lawsuit for your car accident claim. Most likely, this is your first personal injury claim. You might not be sure how to file a lawsuit. It is natural to be confused or overwhelmed by the process. It is our job to help reduce your stress and help you through this process. We can do this in person, if you have specific questions about your case. You can contact us to learn more about the process of filing for a lawsuit for Connecticut car accidents. But, you can start with this section for some basic information.
Before the Claim
Before you decide to file a personal injury case, you should determine that you have a strong case. There are many ways to do this. Here are a few steps to take.
The American Bar Association Division for Public Education says there are two issues in personal injury claims. The first question is a question of liability. The first question that needs to get resolved is whether or not the at-fault party is liable. The at-fault party is also known as the defendant in these cases. Is the defendant responsible for the injuries you sustained? If so, the second question is about the extent of your damages. A court can compensate you for losses resulting from an accident. This is only if you can show both liability and damages.
Who Caused the Auto Wreck?
Determine who caused the accident. One of the foundational elements of a personal injury case is fault. If the other party caused the accident, you might have a case. If you were partially responsible for the accident, you still might have a case. If you caused the accident, you probably won’t have a strong case.
Assess Car Crash Injuries
Assess your injuries. Did you suffer an injury in the accident? If so, this is another key element in a personal injury case. You need to have your injuries validated by a doctor. Then, it is important that you can connect your injuries to the actions of the other driver. You have to do more than prove that you got injured. You also have to do more than prove that you got injured in the accident. You have to prove that the driver’s actions caused your injury. You can do this with the help of a personal injury lawyer.
Gather evidence. Starting the process of getting evidence to prove your case should happen as soon as possible. This will make it easier down the road. Talk to a lawyer about gathering necessary documents to help with the case.
Within twenty-four hours of the accident, you should contact your insurance company. Let them know what happened. Once you do this, you can file an injury claim. Your insurance company will provide you with the necessary forms. They will also request medical records as well as the police report of the accident. The sooner you get this information, the sooner you can get started on the process of filing an injury claim. It is important to keep in mind that there is a statute of limitation on injury claims. In the state of Connecticut, you must file a lawsuit within two years of the date of the accident. For this reason, it is important to begin the process of gathering documentation and filing your injury claim as soon as possible.
At this time, you or your lawyer should draft a demand letter. A demand letter is a letter sent to the insurance company. This letter details how the accident happened. It explains why the other side is at fault and what injuries you have suffered. It also talks about what compensation you are entitled to. When you send this letter, you should include:
- All your medical records.
- Anything else that relates to the accident that the insurance company may need before they can make an offer to settle your case.
By following these steps, you can file your injury claim with as little stress as possible. If you have further questions, we are happy to help.
Making a Claim
A lawyer can help you decide if you have a legitimate personal injury case based on the facts of your situation. If you have a case, it is time to file a claim. You should send a demand letter to the other party to state your intentions. At this point, you can discuss a settlement option with the other party. If they don’t express interest in settling, you can file a claim.
The claim comes in the form of a complaint. The complaint explains your claims against the defendant in the case. It also discusses the damages that you are hoping to recover. Once you submit this complaint, your personal injury case is considered filed.
The defense might propose a settlement offer after you make the claim. You can discuss settlement with the defense if you want to. If you consider a settlement offer, make sure that your lawyer helps you with this. If you can’t reach a settlement, your case will go to trial.
Settlement is often an option in personal injury cases. In a settlement, the defendant will pay an amount of money in exchange for you dropping the case. If you choose to settle your case with the other party, you won’t even have to file a personal injury lawsuit. A lawyer can help you consider your settlement options. But it is ultimately your decision whether or not you want to settle.
If injuries are minor or medical bills were low, it may be best to settle. Your attorney will use their discretion in deciding whether or not to negotiate and settle. A lawyer should not negotiate until the injured party has reached “maximum medical improvement” (MMI). Until this happens, a lawyer cannot be certain of the damages the client might be entitled to. It might take a long time for the injured party to reach his or her MMI, but it is worth the wait.
The good thing about settling your case is that you won’t have to go through the trial process. Taking your case to trial can be expensive, time consuming, and nerve wracking. You also don’t have to go through the uncertainty of a trial. You will be guaranteed compensation in a settlement. In a trial, a judge might deny you compensation or not give you as much as you think that you deserve. But, settling your case has its drawbacks as well. You usually won’t get as much money when you settle as you would if you took your case to trial.
It is important to consider all of your options before deciding to settle or file a lawsuit. For help with this process, you can contact our office.
The Court Process
In our court process section, you can learn about what it means to take your case to trial. There is information about going to court in Connecticut, how to make the right impression in court, and what a trial will be like. This information can help you if your case is going to trial.
The discovery period in the lawsuit process is one of the longest and most important parts of the process. The discovery period is the time when both parties and their lawyers gather evidence. They do this in order to build their cases and make them stronger. Sometimes this is a lengthy process. Be prepared for discovery and the lawsuit itself to take a while.
Two major elements in the discovery process are depositions and interrogatories. Depositions are when a party in the lawsuit is deposed by the other party. The deposed person has to answer questions about the accident under oath. You might be deposed, or your lawyer might want to depose the other party in your case. The other element in the discovery period is interrogatories. This is a written list of questions that one party sends to another. This is a common way of communicating with the other party during the lawsuit process.
Learn about the trial itself in this section. You can also learn how to conduct yourself in court and how a lawyer can help you with your case.
File a Car Crash Lawsuit with Help from a Connecticut Lawyer
If you would like help filing a lawsuit for Connecticut car accidents, our office can help. We can take you through the process, assist with paperwork, and support you and your case. You can learn more by contacting us.