Filing a claim, case, or action starts with drafting pleadings, which is called a complaint in Mississippi. That complaint sets out the facts of the case, who the parties are, why it has to be filed in a certain court, the reason it has to be filed in a certain court, and why they are suing that particular person. The basics of filing a claim are pretty standard, and most lawyers know how to do it, but the case can be thrown out if they do not do it properly.
There are several other extra rules, especially concerning defendants. If it is filed at the courthouse, there is usually a filing fee of anywhere from $150 to $400. Once it is filed, then the defendant has to be served, and what that means is the claimant is providing the documents to the negligent party or parties. In most cases, these have to provided to the individuals in person by hand. Speak to an experienced attorney to learn about the challenges of filing a car accident claim in Pascagoula. A seasoned car accident lawyer could help ensure that your claim is filed promptly and correctly.
Before filing a car accident claim in Pascagoula, the injured party and their attorney always want to make sure that they can resolve it out of court. Lawsuits are costly and time-consuming, so the claimant and the lawyer will want to get all the facts of the case together and make sure they have it presented to the other side so they can resolve the claim if possible. They want to make sure that they have all their evidence up to date as much as possible. If the injured individual is still getting medical care, they need to stay on top of the treatment to make sure it is done correctly. Unfortunately, many cases cannot be resolved without a lawsuit. However, a dedicated lawyer could help one with filing a lawsuit to ensure the injured victim gets the compensation they deserve.
In order for the claim to be viable, it has to be filed in the proper court. A claim needs to include the names and addresses of the parties, why the defendants are being sued, and the status of the defendant, whether it is an individual, corporation, or a limited liability company. Many procedural issues are surrounding whether that court can hear those particular cases or where other courts need to step in and hear that particular case. A claimant must state the facts that support the claim in full.
When someone files the claim, they are not required to continue suing the defendant. They can drop the case at any time either by settlement or by simply not wanting to keep going forward. When an individual files an action, they are not forfeiting their right to negotiate outside of court.
Negotiations always continue even after the case is filed. Defendants usually want to resolve cases almost as much as the plaintiffs do, so there is always a back-and-forth about whether something can be resolved or not. For help with negotiating car wreck claims, injured individuals should consider hiring a seasoned car wreck lawyer.
In Pascagoula, individuals can file a car accident claim in circuit court and county court. The only district court in Mississippi is the United States District Court, which is a federal court. Those cases have to have what is called diversity, which means that the party usually lives in another state and the defendant is not a resident of Mississippi. If someone is from out of state and they sue in Mississippi in the United States District Court, then the defendant cannot send their case back to a state court. Also, the matter has to be more than $75,000 for district courts.
It is best to speak to a seasoned attorney to learn about the differences between the courts and learn about the nuances of filing a car accident claim in Pascagoula.
Circuit court is usually a criminal court or a civil court for cases that ask for money. Jackson County is one of just several counties in Mississippi that have county courts. Cases under $200,000 can be filed in county court.
It is crucial to retain experienced legal counsel when filing a car accident claim in Pascagoula because these are many complicated issues. Lawyers could always help people through the process and resolve the case much better than they could themselves.
Lawyers could also help by staying on top of the medical issues and making sure that the injured individual is getting the proper treatment and seeing the right doctors. They can try to resolve all of their issues, collect bills, and make sure that the injured person receives full value for all damages. Call today to schedule a consultation.