If you are filing a lawsuit for a DC pedestrian accident, there are several essential elements to be aware of. First, we will discuss the steps leading up to filing suit. We may not need to file a lawsuit to get your claim resolved. We will soon discuss the many reasons why it is advantageous to settle. For one, it is faster. Settling a case can take months as opposed to years. Additionally, negotiating and settling a case among lawyers is far less expensive than filing a lawsuit. When we file suit, we must pay additional expenses like expert witnesses, depositions, filing fees, and an increased legal fee. Perhaps most importantly, just getting into a Washington, D.C. courtroom takes months.
Depending on how backed up the system is in any given year or month, it can take at least a year and upwards of two years to get into court. Then, you run the risk of the judgment being appealed. Navigating the aftermath of a DC pedestrian accident is complex. As your dedicated DC pedestrian accident attorneys, we are committed to making this process as painless and straightforward as possible. This may include filing a lawsuit to fight for your right to compensation and give you the best chance to recover. Note that filing a lawsuit for a DC pedestrian accident does not guarantee that we will get to trial. There are many incentives for the defense team to settle. The last thing they want is to litigate a losing case, invest more resources into that trial, and then lose and have to pay you anyway.
Immediately after a DC pedestrian accident, there are a few steps that are imperative you follow. First, ensure your safety. If you are injured, seek immediate medical attention. While there are other essential things to do at the accident scene, none are as important as your health and safety. Once you are ready and able, begin to collect evidence. This means taking photos at the scene of the car that hit you, pictures of the street, photographs of your injuries, and anything else you can think of that may be relevant. Then, get information from the adverse driver. Get their name, address, phone number, insurance information such as insurance company and policy number, license plate number, and vehicle make and model. While these things are not required, we need their name and license plate number.
If you do not get some other things, we can overcome that by searching who the vehicle is registered to and checking what insurance is attached to the car. However, if you do not get the name and address of the adverse driver, then we will not have anyone to sue, and it will become an uninsured motorist claim on another insurance policy.
Every pedestrian accident case is different. Some cases involve personal injury protection, or PIP. PIP has a much shorter statute of limitations than the three-year personal injury statute you may have found online. While the statute for a pedestrian injury is generally three years, other statutes of limitation, such as PIP statutes, expire quickly. Thus, speaking to an attorney immediately is imperative.
Furthermore, our attorneys will organize and run your case from start to finish. Getting a lawyer involved early on in the process is advantageous for several reasons beyond this page’s scope. But it is also worth noting that, because our personal injury lawyers operate on a contingent fee structure, there is also no additional cost in speaking to an attorney earlier in your case.
Determining liability in pedestrian accidents is not as clear-cut as you might expect. In almost any pedestrian accident, the pedestrian will be more severely injured than the adverse driver. However, that does not mean the pedestrian is entitled to compensation or the driver is liable. When filing a DC pedestrian accident lawsuit, note that we must establish liability by a preponderance of the evidence. That means we must use admissible evidence to convince a jury that it is more likely than not that our version of events occurred. Simply because you complain of injuries and blame the other driver does not mean a jury will believe you. We must first convince the jury that you were at the scene. Then, we must convince the jury that the facts occurred as they did. We need evidence to do this.
This evidence requirement is why we stressed above the importance of collecting as much evidence as possible at the scene. While our attorneys will investigate your case, speak to police, and interview witnesses, there is little we can do if we do not have any witnesses to contact or an adverse driver to sue.
Filing a pedestrian accident lawsuit in DC begins with your injury. You have a viable claim once you are injured due to a driver’s negligence. Your case starts with you speaking to a skilled DC pedestrian accident attorney.
While there are limited exceptions, the time limit, or statute of limitations, for filing a lawsuit for a DC pedestrian accident is three years. However, we may prefer to file your case in Virginia despite the accident occurring in DC. There are many reasons why this may be preferable. And Virginia has a two-year statute of limitations. Moreover, moving on a case immediately is preferable to waiting until the last moment to file a lawsuit. Filing suit takes time. The serving process on the defendant takes time. We may wish to attempt a settlement negotiation with the defendant. Collecting your bills and records from your various medical providers takes time.
There are several key stages leading up to a DC pedestrian injury lawsuit.
At the trial level, we are addressing the jury. Our goal is to get you as much compensation as possible for serious injuries you have sustained in your pedestrian accident case. We want them to understand the physical and emotional trauma you have undergone. To do this, we proceed to trial. Below are the steps you will see if we file a lawsuit for a DC pedestrian accident.
Not every pedestrian accident case is the same. Most of the time, we can settle your case before trial. If we file a lawsuit for your DC pedestrian accident case, it is for two reasons. First, the defense legal team or insurance provider has denied liability. If that happens, we must establish liability at trial. The second reason is, despite them acknowledging that their insured is liable for your injuries, there is a disagreement regarding the value of your case. When that happens, we take their insured to trial.
Call our office today for a free consultation at (202) 331-7227.
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