The law provides an opportunity for an injured person to sue for damages after an accident. However, not many people are familiar with how to go about that, which is where a skilled pedestrian accident attorney could be of assistance. Filing a pedestrian accident case in Cicero can be made easier with legal counsel at your side.
First, it is important to file a police report after any pedestrian accident in Cicero. Next, a claim with the at-fault driver’s insurance needs to be filed. A lawyer can assist an injured party with both of these. When the patient has completed their medical treatment, their lawyer could send a demand for settlement to the insurance company, and many cases will settle before going to court. If the insurance company does not make a sufficient offer, the next step is to file a lawsuit in court. The lawsuit process can take a long time, with the end resolution being a trial in front of a jury.
There are some important considerations when deciding whether to file a lawsuit. It often depends on the severity of the injuries, and, if the insurance company has made a reasonable offer, it may be advisable to settle without filing. If the insurance company is unwilling to settle the case pre-suit, the next step is litigation, which can be time-consuming and expensive. Sometimes it is better to take a settlement out of court than it is to proceed with a court case.
Even after a case is filed, it still may settle without proceeding all the way to a jury trial or verdict. However, a plaintiff and their lawyer must be prepared to go the entire distance if the insurance company refuses to make an adequate offer.
The statute of limitations to file a pedestrian accident case in Cicero is usually two years. There can be differences, however, and it is always best to speak to a lawyer to confirm the applicable statute of limitation. If a lawsuit has not been filed and the case has not settled within the statute of limitations, a person will be barred from all recovery. Some exceptions are when the vehicle is owned or operated by a municipality or if the pedestrian is under 18.
There are several factors which go into the decision where to file a case. One of the main criteria used in deciding which court to file a case is the amount of damages being sought. Different courts have different thresholds and values for cases to be heard. For example, in some courts, they will only hear cases which are worth in excess of $50,000. There are other courts which hear smaller damage cases. Finally, in addition to state court, a case may be filed in federal court under certain circumstances. A lawyer will be in the best position to advise someone as to which court to file their lawsuit.
Many people have misconceptions of what occurs in court. The injured party does not need to attend court appearances if they have legal counsel. The lawyer will appear periodically before the judge with the lawyer from the insurance company and everyone will try to move the case forward. Ultimately, if a case does not settle, a jury trial will occur. That may be the first and only time a pedestrian goes to court on their case.
Most of the things which occur in a lawsuit occur outside of the courtroom. While the judge may maintain scheduling supervision, it is the lawyers who do most of the work. Typically, the injured pedestrian will have to answer written questions called interrogatories, as well as appear for a deposition, which means that the lawyer for the insurance company asks them questions about how the accident happened and the injuries they sustained. It is important to receive proper preparation prior to a deposition.
If you were involved in an accident as a pedestrian, it is important to contact a lawyer as soon as possible. An experienced attorney could gather important evidence and perform a thorough investigation, as well as all other aspects of filing a pedestrian accident case in Cicero. Call now to learn more about how one could help.