Filing an Omaha Car Accident Claim | Legal Process

Filing an Omaha Car Accident Claim

Car accidents can cause serious damages to you and your vehicle, which is why you may want to file a claim to recover from those damages. After being in a car collision, it is important that you seek the services of a professional lawyer who can help you through the process of filing an Omaha car accident claim. Call an attorney at Inkelaar Law today to get started on your claim.

Filing a Claim and a Case

Filing an Omaha car accident claim is when you contact the insurance company and informs them that you are pursuing a request with the insurance company to pay for all of their damages as the result of the car collision. The filing of the lawsuit or filing the case, is when you actually submit documents to the court asking that the court makes a decision about who is at fault and how much has to be paid. 

Process of Filing a Claim

The beginning of a car collision claim is filing the initial claim with the insurance carrier for the at-fault driver. If you cannot resolve the case with the at-fault person’s insurance company then a lawsuit is filed with the court to determine where the accident happened and what took place. The parties involved in the accident are identified along with the amount of damages you are asking for as a result of the accident. You then ask the court to make a decision on who must pay for the damages and how much to award.  

The claim must include the details of how the accident happened, the parties involved, where and when the accident occurred, and the amount you are entitled to. 

Important Steps in Filing an Action

Before filing an action, you and your attorney investigate how the car wreck happened and identify where it happened. You and the lawyer determine who is at fault, and calculate the medical damages and the amount for the pain and suffering based on the nature and extent of the injuries. 

An attorney at Inkelaar Law will keep you informed about the status of your claim. We asks you to participate in the submission of the case so you are fully aware of what is happening.

Suing and Negotiating with the Defendant

Once you file an Omaha car accident claim in court, this is considered suing an individual. When you file the lawsuit and the other party is contacted, the claim proceeds through the court. 

When you file an action, you are not forfeiting your right to negotiate outside of court. Filing a lawsuit does not cancel the ability to negotiate a case. Negotiations continue after the case is filed. Most cases are actually settled outside of court. 

Different Types of Courts for Filing an Omaha Car Accident Claim

In Omaha, you can file your car accident claim in the district court or county court. District court involves cases with damages above $51,000. County court hears cases with less than $50,000.

To file a case in federal district court, the case must meet one or all of the following requirements. (1) The accident occurred on federal property. (2) All of the parties are from different states. (3) A federal question requires the district or the federal court to decide the case. 

Contact an Attorney Today

It is important to retain an experienced legal counsel when filing an Omaha car accident claim so you can understand what you are entitled to, where the case needs to be resolved, and how it needs to be handled. Call one of our lawyers at Inkelaar Law to get started on your case today.