Filing a personal injury claim of any kind could be a difficult process to undertake. There are numerous milestones to meet, such as successfully filing a complaint, interacting with the party at fault, and gathering any evidence that could be helpful to your case. For help with filing a Boston pedestrian accident claim, it is strongly recommended to get in touch with a seasoned injury attorney who has experience in dealing with these cases. Call today and set up a consultation with a dedicated pedestrian accident lawyer.
Filing a Boston pedestrian accident claim begins with the victim letting the insurance company know that they were struck by a vehicle. They would also want to know what kind of coverage they have for pedestrian accidents. In Massachusetts, they may have personal injury protection (PIP) coverage available.
Victims should also seek medical treatment in order to begin healing for their injuries. By seeking medical attention following a crash, victims are not only treating themselves for their injuries, but creating a legal record which could be presented in court as evidence for damages. Victims may also need to notify the third-party carrier of the accident. If the third party does not have insurance, they may have to go to their own policy or their home owner’s policy.
A pedestrian accident case could be filed in the district or federal court based on the estimated worth of damages owed. If the damages owed are under $7,ooo, a case may go to small claims court. If the case involved a compensation under $25,oo0 in damages, it may be heard in district court. If damages have an estimated worth above $25,000, the case could potentially be heard in superior court. Typically, most pedestrian accident cases are heard in superior court.
One of the more important things to make sure of before filing a pedestrian accident claim in Boston is identifying the party at fault. If there were witnesses to the accident, it may be beneficial to record information from them as well. The statute of limitations for filing a pedestrian accident case is three years. If the person is a minor, they have until they are 18 to file a claim. If a person does not file a claim within the statute of limitations, their case may not be heard in court. Therefore, it is critical to contact an experienced attorney as soon as possible.
When a claim is filed, there are some details that are handled outside of the court. For example, an attorney may try to come up with a settlement instead of going to trial. If the plaintiff accepts a settlement, the case would be over and no longer able to be heard in court. That being said, victims should consult with an attorney before accepting a settlement of any kind.
For filing an injury claim, a complaint must be answered within 20 days. After filing a complaint, the plaintiff would have a period of discovery. An attorney may have subpoenas for medical bills, witnesses, surveillance, and police reports. Other evidence can be produced by other parties of the case.
Upon gathering evidence, a deposition may follow. Lawyers may meet the opposing parties in person and go over the details of the case. The plaintiff, the defendant, and any witnesses may also answer questions regarding the case. Once discovery is over, there is a period of motions, in which the defense may try to have the case dismissed.
It is essential to get in touch with an attorney as soon as possible after suffering injuries from a pedestrian accident. Victims may be eligible to receive compensation for their injuries, however, doing so may require the services of an attorney. By allowing a lawyer to help with filing a Boston pedestrian accident claim, you are giving yourself the opportunity to have your injury claim prepared in a professional manner which could merit a positive result. Schedule a consultation today to get started on your case.