After you have been injured in a pedestrian accident, you have a big decision to make. If you decide to pursue compensation from the liable party, you must formally file a claim against them within the legal system. This is best done with the aid of a seasoned pedestrian accident attorney. Make sure you have everything prepared when filing a pedestrian accident case in Manchester so that you maximize your odds of success.
Important Steps to Filing a Claim
The very first thing to do when filing a pedestrian accident case in Manchester is to make sure there was a thorough investigation of the accident. A lawyer must gather any relevant photographs, witness statements, as well as the police report in order to understand the scope of the harm that was caused. A lawyer should also notify the defendant’s insurance company of the claim and, if necessary, find expert witnesses to bolster the case.
The plaintiff must have a strong understanding of what happened in the accident, who was responsible, what damages they are seeking, and where to file the claim. Their list of damages should not only include their medical treatments and missed wage hours, but also any medical treatment and missed days of work that they expect in the future. In addition, their lawyer needs to have a firm grasp of the facts of the case so that they could present a strong argument.
Things to Consider When Filing a Pedestrian Accident Claim
When deciding whether to file a pedestrian accident claim in Manchester, the plaintiff must make sure that they have all of their necessary documents ahead of time. Proper documentation is necessary because the case will immediately go into the discovery phase once it is filed, which will involve the defendant’s team trying to uncover evidence. Additionally, it would be wise for the plaintiff to have expert witnesses lined up to support their argument.
Connecticut has a federal court and a state court. Most lawyers will file these cases in state court. It is also critical that the court filing names all of the appropriate parties involved – from the driver of the vehicle to, if necessary, any municipal or corporate entity which might have played a part in the accident. That includes a local government that failed to fix road potholes, a trucking company that ignored federal or state laws, or a manufacturer that sold defective car parts.
What is the Statute of Limitations in Manchester?
The statute of limitations in a pedestrian accident case is generally two years but a person may have to give notice if a municipality is at fault in as little as 90 days or six months. If they do not give notice within that time frame, then they could be barred from presenting their claim, even if it was filed within the typical two years. It is critical to speak with a lawyer so that the proper statute of limitations is established.
Do All Cases Go to Court After They Are Filed?
Plaintiffs should not worry about going to court when filing a local pedestrian crash claim because most of them are resolved before ever needing to go to trial. Although lawyers may occasionally need to go for pre-trial motions or to file paperwork, the plaintiff generally does not need to be present. Many cases resolve through settlement negotiations, wherein the legal teams for both parties come to an agreement about how much to pay out in damages. However, if the defendant is lowballing the offer, it may be beneficial to take the case to trial and have a jury award appropriate compensation.
File a Pedestrian Accident Case in Manchester with the Aid of an Attorney
Filing a claim does not automatically mean that you will have to go to court and testify. Therefore, you should not hesitate to reach out to a lawyer for help in starting your claim. Filing a pedestrian accident case in Manchester requires preparation but it is important to have all of the facts available from the beginning. Reach out today for a free consultation.