Stating A Legal Claim When You Can't Resolve An Auto Accident Case Out Of Court
Most car accidents are resolved with a settlement with an insurance provider. However, sometimes, settling your car accident case is impossible. If so, you might be forced to file a lawsuit and adequately state a claim so you'll be able to receive compensation for your injuries.
Exploring Litigation After a Car Accident
You might be unable to resolve a car accident case because you cannot determine liability. The insurance provider disagrees with the idea that the other motorist is at fault for the accident. You might also want to set a legal precedent for your case. However, it's necessary to always work with an auto accident attorney if you wish to take legal action in court.
Filing a Lawsuit
If you are thinking about filing a lawsuit against someone who has wronged you, you need to know how to state a legal claim during civil litigation. A legal claim is a statement of facts and law that explains why you are entitled to relief from the court. It is also known as a cause of action or a complaint.
Stating a legal claim is not as simple as telling your story to the judge. You must follow specific rules and procedures to ensure your claim is valid and clear.
Identifying the Parties Involved
You must name yourself the plaintiff and the person or entity you are suing as the defendant. You also need to provide their addresses and contact information. If there are multiple plaintiffs or defendants, you need to list them all and explain their relationship to the case.
Identifying the Facts
You must provide a detailed and chronological account of what happened and how it led to your injury or loss. You must include dates, times, places, names, witnesses, documents, and other relevant evidence. You need to be specific and factual, not vague or emotional.
Identifying the Legal Basis
You need to state what kind of claim you bring and what laws or rules support it. If you are suing because you believe the other party was negligent when operating their motor vehicle, you must cite the duty of care owed to you, how it was breached, how it caused your harm, and what damages you suffered.
Specifying the Relief Sought
You need to state what you want the court to do for you. In this case, you would likely state that you are seeking damages. You must be realistic and reasonable in your request, not greedy or punitive.
Stating a legal claim during civil litigation is crucial because it sets the tone and scope of your lawsuit. It tells the court and the defendant your case and what you want from them. It also helps you organize your thoughts and evidence and prepare for trial. If you state your claim clearly and persuasively, and if you have adequate legal representation, you have a better chance of winning your case.
To get started, contact an auto accident attorney in your area.