Filing a Tucker Car Accident Case

Being involved in a car wreck can be a frustrating experience that comes with high personal and financial costs. The last thing you want to think about is dealing with the paperwork required to file a car accident case for damages.

To help you understand the claims process, there are several elements of submitting a claim you should be aware of before pursuing damages. Our attorneys could investigate the details of your claim when filing a Tucker car accident case on your behalf.

What is the Importance of Gathering Evidence After a Car Accident When Filing a Claim?

To file a car wreck case in Tucker, the injured party must collect evidence to support their losses. The primary information that a person should gather after an accident includes video or photographic evidence of the property damage and physical injuries, the police report highlighting the cause of the accident and any resulting injuries, and medical records. A thorough investigation of the accident is vital to establish negligence, causation, and liability.

Filing Personal Injury Case vs an Insurance Claim in Tucker

Filing a claim with an insurance company is often the first step after a car accident in Tucker. It is important to note that initiating a claim with the at-fault party’s insurance company is not the same as initiating a personal injury case. To start a personal injury case, an injured party must submit a formal complaint with the court.

To pursue a civil claim, a plaintiff must show that the defendant acted negligently, and their actions resulted in losses and injuries. To prove the elements of negligence, the complaint must show that the defendant owed a duty of reasonable care to the plaintiff, the defendant breached that duty by driving carelessly, this breach caused a car accident, and resulted in the plaintiff’s injuries and damages. One of our dedicated attorneys could help someone submit a claim with the proper insurance company or pursue civil action.

What is the Deadline to File a Car Wreck Claim in Tucker?

Under state law, an injured motorist must file their car crash lawsuit in Tucker within two years of the date of the injury. While the statute of limitations is two years, this time does not start until the date that the claimant discovers their injuries. This time limit applies even when there are pending insurance claims. A claimant should consult with a lawyer early to evaluate the strength of their claim and to ensure they meet all legal deadlines.

Settlement Negotiations

During the Tucker case filing process, the insurance company or at-fault party may offer a settlement to cover initial costs and damages following a car accident. Generally, insurance companies only pay up to the driver’s policy limits.

Therefore, a plaintiff may have to pursue the driver on an individual basis for any additional compensation. There is not a statewide requirement for settlement conferences, but many courts provide optional settlement conferences or mediation before trial. When two parties are not able to settle a case, the plaintiff may proceed to trial is to pursue damages.

Speak to a Tucker Lawyer Before Filing a Car Wreck Claim

Personal injury claims can be confusing, especially when you are trying to recover from your injuries. If you sustained injuries in a car crash, you should reach out to a qualified attorney. Our legal representatives could help you negotiate with the insurance company and provide you the legal assistance that you need when filing a Tucker car accident case. Call today to discuss your potential claim.