Filing a Pedestrian Accident Case in Oklahoma City
Suffering an injury in a pedestrian accident can be severely debilitating. If your injuries were caused by a negligent driver, you may be angry and unsure of your next steps. Fortunately, a pedestrian accident attorney could help you recover compensation. An experienced personal injury lawyer could assist with filing a pedestrian accident case in Oklahoma City and work to hold a negligent driver accountable.
Before filing a pedestrian accident case, a potential plaintiff should have all the facts readily available, such as any witness statements, the driving history, and photos of the vehicles.
To file a pedestrian case, the first step is to attempt to settle the case with the insurance company. If the case cannot be settled, then a personal injury lawyer could prepare a petition and file it in the county where the wreck occurred or the defendant resides. Once the lawyer files the legal claim, they need to serve the driver with a notice before their insurance company will actually step in and defend the case.
Most of the time, pedestrian accident cases are filed in the district court, which is the state court or district state court in the county that the drivers are from. To file a pedestrian case in federal court, the parties would need to be from different states and the amount of controversy would need to be over $75,000.
The bulk of the case takes place outside of the courtroom. The most time-consuming part of litigation is usually deposition, when witnesses are interviewed by counsel. There might be some motions filed by either side that would be heard in the courtroom, but the bulk of the case will take place outside of court.
Important Considerations Before Filing a Case
The most important consideration when deciding whether to file a case is whether a plaintiff is willing to take the case all the way to trial. Most of the time, the insurance company will increase their settlement offer once a claim is filed, but it is not a guarantee that they will. If a potential plaintiff wants to file the suit, they need to know that they may need to pursue the case all the way to trial.
Statute of Limitations
The statute of limitations in Oklahoma City to file a pedestrian accident case is two years from the date of the wreck. If the injured pedestrian is a minor, then the statute of limitations reaches one year after they reached 18.
The statute of limitations changes if a governmental entity was involved. If a city bus or truck was involved in the wreck, that falls under a governmental tort claim. A plaintiff must first file a claim directly with the government entity. If the claim is not filed within 90 days, it is deemed denies. After that, the plaintiff has 180 days to file a suit.
Help With Filing a Pedestrian Accident Case
If you need help filing a pedestrian accident case in Oklahoma City, consider contacting a personal injury lawyer. An attorney could collect evidence, contact the defendant and their insurance company, and draft a demand package for all appropriate damages. Reach out today for legal help.