Filing a Car Accident Claim in Houma
If an injured party hires an attorney to represent them in a personal injury action involving a car wreck, the lawyer will send a letter of representation to the party at fault or their insurer. This is considered making a claim. Sometimes in smaller cases, these claims are resolved without having to file a lawsuit.
They may then begin to gather the evidence they will need in filing a lawsuit as to damages such as proof of lost earnings, proof of the cost of medical bills, and liability aspects of the case such as proof of how the client was injured, and why the injured party claims the party is at fault based on facts and the law.
Sometimes these cases can be concluded without filing a lawsuit. Otherwise, it is going to be a formal process, whether in state court in Terrebonne Parish, in Houma or in Federal court in the Eastern District of Louisiana in New Orleans. Speak with a skilled car accident attorney to learn more about filing a car accident claim in Houma.
Forums & Rules of Procedure
All forums may require that the attorney filing the lawsuit set forth why they are in that particular court. Once a lawyer is done filing a car accident claim in Houma is completed, it may be governed by the Rules of Procedure. The lawyer has to follow the Rules of Procedure by setting forth a cause of action and a prayer for the damages that they seek. The lawyer must inform the court whether they want the matter to be tried by the court or by a jury.
In State Court, the lawsuit is described as a Petition. In Federal Court, it is described as a Complaint.
Certain Things that Must be Included
The Petition must include a statement of the parties involved, known as petitioners or plaintiffs. The attorney must name the defendants and set forth a cause of the action under the law, which is typically in an automobile crash, a negligence cause of action. A lawyer may claim that the at-fault party violated the rules of the road.
In a rear-end collision, for example, An attorney may assert that the at-fault party was following too close, or not keeping a proper lookout. In an intersectional collision, a lawyer may state that the at-fault party failed to yield the right of way, or failed to obey a traffic signal. Speak with a car accident lawyer to learn more about the things that must be taken into account when filing a car accident claim in Houma.
Itemizing Damages
In Houma, Louisiana the injured party must itemize their damages. In Louisiana and in Houma courts, it is different than other jurisdictions such as federal court. The difference is that only with limited exceptions will the petitioner or injured party be allowed to pray for a specific amount of money damages.
In Louisiana, while the injured party itemizes their damages whether lost wages, pain and suffering, medical expenses, etc. they do not put a dollar amount down. The injured party desires an amount that is reasonable in the premises.
Once the Petition is prepared, it is filed with the Clerk of Court and the clerk follows the instruction of the lawyer for service of process. If there is no agent for service of process there is a way to serve by U.S. Mail an out of state defendant when they are operating a motor vehicle within the jurisdiction of Houma. When filing a car accident case in Houma, it is highly recommended to consult with an experienced car accident lawyer.
Learn More About Filing a Car Accident Claim in Houma from an Attorney
If you have further questions about filing a car accident claim in Houma, Kopfler & Hermann is the call to make. We have extensive experience helping people recover the compensation they deserve after a car accident, and we want to help you too. Call today to get started.