Filing Your Car Accident Case as an Injured Pedestrian

Filing Your Car Accident Case as an Injured Pedestrian

If you or someone you love has been injured as a pedestrian in a collision with a car, you may want to sue the driver of the vehicle that hit you to get compensation for your injuries. You can be entitled to recover money for your medical bills incurred as a result of the accident, compensation for lost time at work while you were recovering from your injuries, and also a sum to compensate you for your pain and suffering.

Although the laws that regulate motor vehicle accidents are different in each state, we are a national law firm with attorneys ready to help you no matter what state you reside in. Our aggressive attorneys have years of experience pursuing the rights of pedestrians who have been injured in motor vehicle accidents.

Filing Your Lawsuit

Once you have hired an attorney, the first step in filing your lawsuit may not be actually to file it. Sometimes attorneys can achieve very successful results by reaching a settlement with the at-fault driver’s insurance company before having to formally file your case with the court. If the pre-suit negotiations do not produce a settlement you wish to accept, your attorney will file the case. Before filing your lawsuit, you’ll want to advise the attorney of the names and contact information of any witnesses to the accident. You’ll also want to provide the attorney with pictures and any other evidence you have of the accident.

Statute of Limitations

One of the reasons it is best to speak with our attorneys right away is because each state has a law in place called the Statute of Limitations. The Statute of Limitations provides a strict legal time line during which your case must be filed. If your case is not properly filed during this period, you can lose all rights to bring the lawsuit. Some states have a two-year requirement, while others have longer time periods. There are also exceptions where the statute requirement might be a year or less, so it is a good idea to contact our attorneys today to make sure you can comply with the Statute of Limitations period that applies to your case.

After Your Lawsuit is Filed – Discovery

After your case has been filed, one of the next steps in the process is called discovery. Through the process of discovery, your attorney will uncover more of the relevant legal facts regarding your accident. This process will typically involve your participation, as your attorney may want to set up a meeting with you to go over the accident and events leading up to the accident in great detail. The reason for the meeting is because attorneys will also have to provide information to the at-fault driver’s attorney. These exchanges of legal facts are commonly called interrogatories. Your responses will be under oath, so it is important to be truthful.

Another part of discovery involves taking depositions of the parties and any possible witnesses. Depositions are done live, and there will be a court reporter present to preserve a transcript of everything said on the record at a deposition. You may have to sit for a deposition, but your attorney will meet with you beforehand to go over the facts and your testimony. Depositions can be stressful, but keep in mind that you will not be expected to know the answer to everything. It’s perfectly acceptable to tell the other lawyer that you do not know the answer to the question they are asking, as long as that is truthful.

Filing a lawsuit for personal injuries as a pedestrian involved in a car accident can seem daunting. Our experienced attorneys can help you navigate the complexities of the legal steps to take when filing your case.

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