Filing a Car Accident Claim in Cherry HillRequest a Free Consultation
Filing a car accident claim can be interpreted in different ways. Filing could include submitting a claim with another insurance company or a responsible party, which is a matter of putting them on notice that an individual has suffered some sort of injury and expects to be fairly compensated.
Another way filing a claim can be interpreted is the submission of a formal complaint, which is the filing of a lawsuit in the appropriate court and that would institute a formal action while at the same time protecting the statute of limitations, which is a timeframe to bring a claim or a lawsuit. Thus, a claim can have multiple meanings. A claim could be putting somebody on notice of an injury. A claim could also be considered a formal filing, which is required to uphold the statute of limitations. However, the one that does not change when it comes to filing a claim, is the necessity of a lawyer.
An experienced local auto accident attorney can make sure that evidence is properly preserved and collected, help the client understands their rights under their insurance policy, understands the pros and cons of filing a car accident claim in Cherry Hill, and understands the pros and cons of either settling a case or proceeding to a verdict and the risks that are associated with going to verdict, including the risk of an adverse outcome as well as the risk of a future appeal and continued delay for resolution.
Components of a Viable Claim
For a complaint or a claim to be viable under the court or law, it is important that it contains the elements of a cause of action. For example, in a car accident case, it would be a negligence claim, which requires certain elements to be pled. A negligence claim consists of somebody owing an individual a duty. For example, on a roadway, somebody who has an obligation to stop at a stop sign has a duty.
To bring a complaint against somebody for negligence, one must show that they had a duty, breached that duty, and caused an individual injury. An example would be a car accident case where somebody runs a stop sign and causes injury. When filing a car accident claim in Cherry Hill, the person must plead the facts sufficiently to show that they had a duty to stop, failed to stop, and therefore breached the duty and caused the individual injury.
Steps to Take Before Filing an Action
To develop the necessary facts to file a complaint or a claim, attorneys need to start the claim filing process at the beginning and gather the evidence regarding the accident and how it happened. That would include photographs, videotape from cameras, and witness statements or testimony as well as police report investigations. It may also include an investigation into the physical scene like skid marks and weather conditions. All those types of circumstances may or may not have contributed to the accident. That would be one part of preparing to file a claim or complaint.
The other part would be to gather the information regarding the injury like any emergency room visits, treating doctor visits, diagnostic studies, or tests that were performed. All of those elements tell the story of how somebody was injured, who is responsible, and what damage it caused. Submitting a car accident case in Cherry Hill is easier when the facts of the case are already in order.
Importance of an Attorney
An adept attorney always considers all the potential options of where to file a particular claim or lawsuit. Filing a car accident claim in Cherry Hill can be advantageous but sometimes it is in the client’s best interest to file in state court. Sometimes, it will be in the client’s best interest to file in federal court. An experienced attorney who practices in both state and federal court of New Jersey would be able to give their client the best advice as to where they have the best opportunity to maximize their recovery. Call today to discuss these options with our legal team.