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Filing an Ocala Car Accident Claim

Usually, one would file a claim against the at-fault party’s insurance company following a car wreck in Ocala. If the claim is not resolved, the individual will have the opportunity to file a lawsuit against the at-fault party. Attorneys may make a pre-suit demand against the at-fault party’s insurance carrier before filing a lawsuit.

Included in this demand package are a victim’s medical records, bills, lost wages, and evidence regarding the at-fault party’s liability. If the claim is not resolved after making a demand, a lawsuit is usually filed. Speak with a seasoned car accident attorney to learn more about filing an Ocala car accident claim.

Proving a Claim

The first thing the injured party must prove is that the defendant is at fault. The injured party will also have to prove and present evidence of their injuries and damages, as well as evidence that the accident caused those injuries and damages. An action can be dismissed with or without prejudice at any time.

First Steps

The plaintiff’s attorney will gather all evidence regarding the defendants’ liability, which can include photographs of the accident scene, the vehicles involved, and witness statements.  An attorney will also want to make sure that they have all medical records and billing information for the victim and that it is provided to the at-fault party’s insurance company. Most car accident lawsuits are filed in Circuit Civil Court.  In some instances, depending upon the parties involved and the location of the accident, it may need to be filed in Federal Court.

It is extremely important that someone who is involved in a motor vehicle accident take pictures of the accident scene, of the vehicle, and of the injuries as well as documentation of the injuries, the impact that they may have life, and a record of any and all treatment. Speak with an auto wreck attorney to learn more about filing an Ocala car accident claim.

Resolving a Case Before Trial

Most cases are resolved before trial.  In Florida, there is a requirement that all negligence cases are mediated before going to trial.  The success rate for mediation is very high. Even if the case does not settle at mediation, negotiations can continue until a jury verdict is reached.

Most of the time, an attorney will attempt to resolve a car accident case before filing an Ocala car accident claim. If the attorney is unable to come to a settlement, with the approval of their victim, a lawsuit will be filed against the at-fault party. After a lawsuit is filed, there are several steps in the litigation process that must be completed before an actual trial will take place and evidence presented.

Gathering Evidence

Immediately after being retained, an attorney may start gathering evidence. This will include evidence of their victim’s economic damages. The attorney may wait until the victim reaches their maximum improvement and is finished treatment before attempting to settle. The time frame for collecting evidence is dependent upon the case. Attorneys may usually wait until the victim has reached maximum medical improvement and finished treatment to file suit.

Some evidence that an attorney may gather after a car accident includes photos of the accident scene as well as statements by witnesses and parties involved. An attorney may retain an expert to inspect the accident scene. These experts are usually accident reconstruction experts. An attorney may also gather their victim’s medical bills, records, lien information, and wage loss information to determine the victim’s damages.

Importance of Hiring an Ocala Car Accident Attorney

An attorney will make sure that the injured party gets the fair and just compensation that they deserve as a result of injuries sustained in a motor vehicle accident. A skilled and dedicated attorney may also provide you with the correct legal guidance when filing an Ocala car accident claim. Their knowledge and experience should not be overlooked. Get in touch with a proficient attorney to get started on your case today.

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