If you have been involved in, or injured because of, a truck accident in Clearwater, it is essential that the first thing you do is seek proper medical care to ensure that your injuries are attended to and that you are in a stable condition.
Once your health and safety have been confirmed, retaining an experienced injury lawyer is essential to making sure that your claim is filed properly and your case is seen through by someone who is familiar with how these processes tend to play out. There are several components to understand about how to submit a claim and the steps to take between a claim becoming a case and a case resulting in you receiving compensation for your injuries.
If you have sustained injuries due to the negligence of a truck driver, a Clearwater truck accident lawyer can aid in your recovery process by taking the stress of handling the case off of your plate so that you can focus on your recovery.
Filing a Claim, Case, or Action
Filing a claim is when the claimant sends documentation to the insurance company, putting the company on notice that the claimant believes that the company or their insured are at fault for the injuries that were sustained and that damages are being sought from the at-fault driver’s insurance policy. To file a claim with the insurance company, the claimant and their attorney first send the insurance company a letter of representation, and follow up with a demand letter letting the insurance company know that injuries were sustained in the accident and that specific damages are being sought in order to settle the claim and enable the claimant to become whole again after the insurance company’s insured driver caused the injuries.
To file a claim with the insurance company, the claimant and their attorney first send the insurance company a letter of representation, and follow up with a demand letter letting the insurance company know that injuries were sustained in the accident and that specific damages are being sought in order to settle the claim and enable the claimant to become whole again after the insurance company’s insured driver caused the injuries.
Filing a case, or filing a cause of action, is actually filing legal documents in court for the purpose of taking someone to court when the parties were not able to come to a settlement, so must take the case to trial.
Where to File in Clearwater
Individuals can file a truck accident claim in the county court depending on whether or not the damages sustained are worth over $5,000. Claims can also be filed in the circuit court, and then, in some circumstances, can be filed in federal court in Tampa depending on the case.
Before Filing an Action
Some important first steps to take with an attorney are to start by going through all of the facts of the case. People should tell their lawyers about any previous accidents they have been in, or any previous injuries they have sustained that are similar to the injuries sustained from this accident, along with letting them know about any medical providers that they have been treated by before the accident-related injuries. The lawyer will want to obtain all of the client’s insurance information in order to be able to notify their insurance company of the accident as well.
After Filing an Action
Once the plaintiff has filed an action, they are required to continue suing the defendant until both parties come to a resolution in the case. The resolution can be reached either by settlement, or by deciding to drop the case, if there is any reason to do so.
Filing an action does not forfeit the claimant’s right to negotiate outside of court. An individual can file a lawsuit and continue to negotiate with the adjuster or the insurance company’s lawyers throughout the litigation. Many times this sets up what is called mediation, where all of the parties meet together with an independent mediator to try to come to a resolution outside of court before the case goes to trial.
Negotiations continue all the way up until the day of trial, and sometimes even during trial the opposing parties will continue to negotiate the case to see if they can come to a resolution before placing it in the hands of the jury.