You should seek legal assistance immediately if you are injured in a car accident. If you are wondering if or how to file a car accident claim in DC, our car accident lawyers are happy to guide you through the steps during our free consultation. A skilled car crash attorney knows the steps following an auto collision. This includes filing a claim in court. There are many nuances of filing a car accident case in DC. A complaint would consist of the nature of the accident or the facts of the case, injuries, and the breach of any obligations on the defendant’s part, which would all be part of the cause of action. All of that goes into a complaint we file in the District of Columbia Superior Court on Indiana Avenue in Northwest Washington.
How you file a car accident claim in DC depends on the number of defendants, the accident date, and the amount you seek. Our legal team evaluates these factors to build a strong case and maximize your compensation. Below, we break down the steps you need to take to protect your rights and maximize your compensation. Our dedicated attorneys have over 70 years of experience and have helped over 10,000 clients successfully resolve claims. Call our office today to start on your case. We offer free consultations at (202) 331-7227.
As long as the statute of limitations is not an issue, it is imperative to acquire all of the bills and records first and foremost before filing a lawsuit. It is impossible to properly evaluate a claim without the records and the bills. Therefore, without those documents, it would be impossible for a lawyer to understand the claim’s value or attempt to settle the claim without knowing the details.
An attorney would need the name and address of the at-fault party. Remember that an attorney files a lawsuit against the negligent party —or any party files a lawsuit against the negligent party—or they file the case against the careless driver. Hence, they need that driver’s name and address.
The lawsuit targets the at-fault driver, not their insurance company. The exception applies when the responsible driver is unknown, making it an uninsured motorist claim. In that case, you file our claim as a breach of contract under your automobile policy. However, the case behaves almost the exact same way as if we were filing a lawsuit against the negligent driver. In either event, we must prove liability and establish your damages.
You could face countless challenges when filing a car accident claim in DC. Here, we cover two broad topics that, within them, cover countless common hurdles.
A dispute over liability is one of the two most common reasons for filing a car accident claim. The other is a dispute over the value of the case. When facing a challenge on liability, we must simply meet our burden of proof that the defendant was liable for causing your damages. The insurer defending the defendant may submit inconsistent witness statements, undermining the credibility of an otherwise favorable witness. This can be especially detrimental to your case if you were the one who made a statement at the accident scene. For example, a comment as simple as “I’m sorry” can impact liability in your case. This natural reaction is understandable when you see another person in pain. However, the defense may misconstrue this to make it seem you felt guilty for causing the accident.
We have many tools to counter any arguments against your case. When available, dash camera footage is often the most potent tool. Seeing is believing. If a judge or jury sees what happened, there should be little question about how the accident occurred. Further, you may have made consistent statements to a medical provider as to how the accident occurred. This may be admissible to bolster your credibility if the defense tries to undermine it.
A second challenge to consider when discussing how to file a car accident claim in DC is expenses. Expenses are often the biggest hurdle in smaller to medium-sized cases. Oftentimes, a plaintiff does have a viable claim. However, it is not always worth litigating a more complex case if the cost exceeds the value of the case. Moreover, we must consider that there are no guarantees at trial. Even if your case seems like a slamdunk, we must weigh the risk of litigation and the expenses you face against what you may recover. For example, if your case is worth no more than $2,500, it is probably not worth litigating a case that will cost $2,000 in litigation expenses. Instead, accepting a $1,500 settlement offer that avoids those litigation costs may make more sense.
Moreover, how to file a car accident claim in DC includes deposition and court costs. Hiring a court reporter, court filings, deposition transcripts, and other expert witnesses can add up. A car accident attorney at Gelb & Gelb can help you weigh the costs versus benefits of litigation. Of course, if your case’s damages go beyond a minor amount, then it is absolutely worth filing a lawsuit.
Once the case is filed, there is nothing further for the plaintiff to do other than to let the case play out during the litigation process. You would not re-file or file additional claims that all of the claims should be contained within the original complaint. Moreover, you cannot necessarily drop your case, though it does depend on the timing. For example, if you want to drop the case before the defense submits any pleading, then you may be able to dismiss your case without prejudice. Without prejudice, you could later re-file it if it fits within all statutes of limitations. However, if you wish to drop your case after the defense has submitted a pleading, it may be too late to dismiss without prejudice. The court may also need to approve the dismissal.
When you wonder how to file a car accident claim in DC, you should know the two-dismissal rule. If a plaintiff has dismissed an action once already, a second dismissal by notice of an action based on or including the same claim amounts to an adjudication on the merits.
A car accident case requires many details, and the plaintiff may not know how to name a defendant or who to serve. If suing a company, the plaintiff must serve a copy of the complaint on the corporation’s resident agent, not mail it to company headquarters. The complaint must follow specific filing procedures, and the plaintiff must provide an affidavit of service.
If that is not served on the proper party, and there is no affidavit of service, the case will be dismissed. And if the statute is run, it is dismissed with prejudice. You should not handle your case alone. If you are inquiring about filing a car accident claim in DC, call experienced legal help at Gelb & Gelb today.