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Filing a Car Accident Case in Carrollton

Filing a car accident case in Carrollton is the same as filing a lawsuit with the court and it can easily seem overwhelming. Once the lawsuit is drafted, it has to be filed with the clerk of the court in the county where the defendant resides, the at-fault party resides. In some circumstances, a qualified Carrollton, GA car accident attorney will file the claim on the individual’s behalf when there are catastrophic injuries. Contact a skilled attorney to learn more about the specifics of how to file a proper case.

Important Considerations When Filing a Case

In order to file a claim with an insurance company, the process begins with picking up the phone, letting someone know that an accident has occurred and that their attorney is submitting a claim for bodily injuries and property damage to the insurance company.

That is what filing a car accident case in Carrollton means. There is such a thing as filing a claim after an accident, but a person is supposed to contact their insurance company and the insurance company of the at-fault party to let them know that an accident occurred. This usually begins the process of the insurance assigning a claim number and a claims adjuster to investigate the accident claim. Filing a claim means filing an insurance claim, and filing a case means filing a lawsuit in court.

The day, time, and location of the accident, as well as the accident report, must be included in a car accident claim in order for the claim to be viable in Georgia courts.

The Collaborative Effort Between the Potential Client and the Attorney

A lot of effort goes into investigating and negotiating claims before filing a car accident case in Carrollton. The attorney prefers to gather all of the evidence that they can prior to filing any lawsuit involving an accident injury claim, which includes conducting interviews, visiting scene of the accident, and things of that nature.

Potential clients are usually heavily involved in filing the claim itself. However, once the claim has been filed, all communications must go through the law firm or the lawyer assigned to a person’s case because the insurance company is barred from speaking with the represented individual.

It is important to note that the client is essentially calling the shots. Prior to any accident lawsuit being filed, the client will be informed, and then the lawsuit will need to be filed. If a lawsuit has been filed, the client can ask that that lawsuit be dropped but that not only terminates the representation of the client but it also distinguishes any right to compensation that they may have against the at-fault driver.

Negotiating Outside of Court

After someone files an accident, they are not forfeiting the right to negotiate outside of court. In most instances after someone begins filing a car accident case in Carrollton, a person’s attorney and the attorney representing the at-fault driver will continue the negotiations to settle their claim.

However, if a lawsuit has to be filed, the attorney will likely become much more aggressive in litigating the person’s claim because the lawsuit has to be filed, and that means the insurance company may not be treating the person fairly.

Courts Where Individuals can File a Claim in Georgia

Car accident claims can be filed in magistrate courts if the claim involves compensation of $15,000 or less. They can be filed in state courts, in counties with a population over 100,000 people or they can be filed in Superior Court in all counties in the State of Georgia.

They can also, in certain circumstances, be filed in United States Federal Court, if it involves diversity of jurisdiction, meaning that the plaintiff resides in one state and the defendant resides in another, and the claim involves $75,000 or more. But in most instances, filing a car accident case in Carrollton will have to occur in Magistrate Superior or State Court.