If you have been injured in a pedestrian accident, you may want to consider filing a claim to recover damages. The steps in filing a Toledo pedestrian accident case begin with an investigation of the incident and a collection of medical bills. This is followed by filing a lawsuit, alleging the specific negligence of the driver. An experienced pedestrian accident attorney could help you every step of the way with the claim process. If you have been injured in a pedestrian accident, schedule a consultation with a compassionate attorney.
Considerations When Filing a Claim
In Ohio, pedestrian accidents are filed in a state court if the plaintiff and the defendant are residents of the state. A federal court usually only has jurisdiction if one of the parties lives in another state and the case has an alleged value of more than $75,000.
Usually, in order to file a lawsuit, the plaintiff must believe they have a case where they can prove negligence on the part of the defendant. When filing a Toledo pedestrian accident case, the plaintiff also needs to do a deposition, willing to go to court if necessary, and their attorney has to have an honest belief that the plaintiff can prevail in the case.
Evidence in a Pedestrian Case
When filing a Toledo pedestrian accident case, it is essential to gather evidence in order to prove negligence. The most important evidence in a pedestrian accident include:
- Witness names
- Photos of the scene
- License plate numbers
- Cell phone records
Discovery and Mediation Processes
When someone files a lawsuit there will be a discovery process. Discovery is a pre-trial procedure in which both parties can recover evidence. Discovery includes depositions with questions that each side answers under oath. There is also a request for documents related to the case.
The discovery documents include copies of medical records and reports from the plaintiff and the defendant’s insurance policies and their limits. Each party will provide the other with photos, property damage estimates, and names of witnesses.
In a personal injury case, there may also be a mediation. The mediator is an attorney provided by the court or a private mediator hired by the attorneys in charge of trying to settle the case between the parties. The intent of the mediation is to settle the case and avoid going to trial.
When the Driver Flees the Scene
Unfortunately, there are cases where the driver has fled the scene following an accident. If this happens, the injured person should call the police right away, try to locate witnesses, and then seek medical attention. The police will conduct an investigation to help people with their injury case by preserving witness names, taking pictures, and offer other helpful information for a claim.
How a Toledo Pedestrian Accident Attorney Could Help
A seasoned attorney could help an injured individual collect evidence by hiring a private investigator to visit the scene and place ads in the newspaper to try to locate witnesses. If the injured person does not obtain a lawyer then they may not know how to conduct a proper investigation of the accident. When filing a Toledo pedestrian accident case, it is imperative to have an accomplished lawyer who could help you through the process.