While considering filing a Denver pedestrian accident case may feel overwhelming, know that you do not have to face it alone. With the help of a dedicated injury attorney on your side, you could be guided through the necessary process so that you know what to expect at your court date. Read on to learn more about what goes into filing a Denver pedestrian accident case, as well as the ways a determined injury lawyer could offer you their assistance today.
Important Pre-Trial Considerations
When deciding whether or not a case is worth taking to trial, an individual will need to take a look at the value of the claim and the damages they are seeking. They must also think about the timeline of their events–Colorado has a three-year time limit in regards to filing a Denver pedestrian accident case. This means that if the plaintiff does not bring their claim within three years of their accident’s occurrence, their case would be considered invalid before the court. The injured party should also consider the question of liability. Is there substantial proof to back up the liability of the party at fault? Is the other side not accepting liability or is it an issue of a discrepancy between the value of the claim and their damages? These are all questions that an attorney would ask before taking a case to court.
Which Court Handles Pedestrian Accident Cases?
The jurisdiction will ultimately determine whether a pedestrian accident case will be filed in the district or federal court. The court must have personal and subject matter jurisdiction. Typically, cases are going to be filed in the district court of the county where the accident took place. An accident can only be filed in federal court if the parties are citizens of different states and their damages exceed $75,000. Otherwise, they are going to be filed in the district court.
Negotiating with the Insurance Company
Before starting a case, an individual should file a claim with the insurance company of the party at fault presenting a demand package that includes all the necessary documentation to support the damages one is seeking. Negotiation and resolution are always important before filing a Denver pedestrian accident case. Otherwise, it is recommended that the injured party have an attorney file the case for them. Retaining an experienced lawyer that they trust is important. A skilled injury lawyer will be aware of the deadlines that go into a civil procedure and filing a lawsuit for a personal injury claim. A weathered injury lawyer could obtain all of the evidence and the specifics of the situation, and speak to the driver and their insurance company to find all and any recorded statements they may have.
Initial Steps in Filing a Denver Pedestrian Accident Case
If an individual is unable to reach a resolution of the injury claim with the insurance company, they may file suit against the at-fault party. The first step to take when filing a Denver pedestrian accident case is to submit a complaint in the proper court. They will then serve the at-fault party with proper service, a summons, a cover sheet, and the complaint.
A professional injury attorney can ensure that a claim is filed and served properly. All of these filings are done in court. The plaintiff does not have to present to the court until there is a trial. That is usually their first time stepping into the courtroom in this process at the very end. The attorney will have to present to the court every so often for a case management conference in front of a judge such as at pretrial conferences.
If you require professional assistance when filing a Denver pedestrian accident case, consider retaining the representation of a skilled injury attorney today.