When you suffer injuries as a result of a driver failing to give you the right of way when crossing an intersection or walking on a side walk, you should hold them accountable for any damages you sustained as a result of the careless actions. By taking civil action, you may be able to do just that.
To learn more about filing a pedestrian accident case in Charleston, be sure to get in touch with a knowledgeable attorney today for help. A lawyer could explain the claims process, review your eligibility to obtain compensation, and potentially provide you with representation if you have a case.
Steps Involved in Filing a Pedestrian Accident Case?
Before filing a claim, the plaintiff and their attorney will do pre-suit litigation work including the gathering of medical records, bills, past and future wage loss, etc. The victim may also want to retain experts for help with assigning liability and causation of damages. The plaintiff can also choose to send a settlement demand to try to resolve the case in a timely manner.
The plaintiff should also try to collect depositions of any witnesses and the opposing driver. With the help of an attorney, victims should also try to review their subpoena power to review and all video from the state or local authorities from private businesses that may have pick up the accident and any records from the Department of Employment’s workforce on wages and records from employers.
Instead of making a request for those things, with subpoena power and discovery, victims are able to demand those things. As a result, the plaintiff is entitled by law to obtain this evidence, and if they do not get them for whatever reason, they can go before a judge to do a motion to compel that evidence.
Important Considerations when Deciding Whether to File a Case?
When determining whether to file a case, the plaintiff must determine whether the financial cost of pursuing a claim is worth the payout pending a successful case. Plaintiffs could spend money on depositions and hiring expert witnesses, potentially incurring yet another expense on top of the damages they suffered as a result of their accident. However, this where the experience of an attorney could prove to be valuable. A lawyer who has litigated these types of cases in the past can help you calculate the damages owed to you and determine whether the amount you are seeking is worth the time and energy it takes to file a pedestrian accident case.
Statute of Limitations for Pedestrian Accident Cases
The statue of limitations is the deadline to file a personal injury claim. For pedestrian accident cases, this deadline is three years starting from the date of the accident. If the victim does not bring a claim within three years, they would be barred from recovering compensation no matter if the validity of their claim is indisputable. However, since statute of limitations are subject to change and can very well change at any given moment, it is vital to speak with an attorney soon after an accident about the possibility of filing a claim. Doing so could help you avoid having your claim thrown out because of any issues related to the statute of limitations.
Call Today to Schedule a Consultation
If you ask an attorney about the process of filing a claim, the one thing they would mention is to make sure to have someone on your side who is experienced in handling these types of claims. This is because, depending on the severity of the accident, there may be various types of compensation you could hold the at-fault party accountable for. Making sure to accurately calculate these damages, as well as collecting evidence, is a vital step in making sure you obtain the compensation you deserve.
For help with filing a pedestrian accident case in Charleston, be sure to schedule a consultation today.