Oklahoma City Car Accident Case Process
The Oklahoma City car accident process can be a difficult process to navigate alone. That is why it is important to work with an experienced car accident lawyer. A skilled attorney could devote the time and resources necessary to achieve a positive outcome for them. The main court where one would file a car accident claim would be the Oklahoma County District Court. This is in “state court.” If the wreck was anywhere in Oklahoma County or if the defendant resides in Oklahoma County, the lawsuit can be filed in Oklahoma County District Court. If an individual wants to file a claim in district court, they should speak with a capable lawyer that could help.
Filing a Car Accident Claim
Filing a claim refers to making a demand of the insurance company, but to file a case or an action would be filing the actual lawsuit. Writing the claim involves a demand packet, which summarizes the case for the insurance adjuster and then includes copies any helpful photos of the vehicles, the accident report, medical records, and bills. If the case does not settle, the next step is to file a car accident lawsuit. In Oklahoma, this is called a notice pleading, which includes a who, what, when and where, why of a lawsuit.
During the Oklahoma City car accident process, a car accident claim must include all the evidence, such as photos and medical opinions. Everything must be gathered. This is the step after negotiating the settlement with the insurance company and the insurance company has either not made a fair offer or has not made an offer at all.
Involvement of the Client in the Claims Process
Plaintiffs are typically not involved in a day-to-day process of the lawsuit. They sign off on getting a lawsuit filed or approve it and tell the lawyer to get it filed. After that, the insurance company attorneys will generally send over discovery, which are the interrogatories and request for production to get written questions answered. Then they need all the medical records and any evidence that the plaintiff has to support their claim.
After that, the insurance company generally wants to have a deposition of the individual. Then it would be at the trial for the client’s involvement. Throughout the Oklahoma City car accident process, the plaintiff is updated on case status, any scheduling deadlines from the court, motion status from the court, and settlement discussions throughout the case. When someone files an action, they are required to continue suing the defendant. If they stop suing the defendant, it would result in a dismissal of the case.
Does Filing an Action Bring Someone Closer to Settling?
Once someone files an action, they are closer to settling. Most cases, even after a lawsuit is filed, end up settling. The negotiations happen usually in several stages. The first stage would be the initial demand letter, in which the lawyers are everything together and making an initial demand with the insurance company. They go back and forth to try to get a settlement. The next stage would be after the insurance company has the discovery. They take a deposition to evaluate the plaintiff. A lot of settlements happen after the deposition of the plaintiff, but they can settle any time before a trial or even during trial.
The injured party can negotiate even after the case is filed. Negotiations are often done throughout the course of the trial or up to litigation. Some cases can settle after the trial has actually started.
How an Oklahoma City Car Accident Attorney Can Help
Car accident attorneys can be an indispensable asset during the Oklahoma City car accident process. An important first step a plaintiff and their attorney will want to take before filing an action is to have all their evidence together before filing to get ready to go to trial. A lawyer could devote the time and resources necessary to build a solid claim for an individual.