The Process of a Pedestrian Accident Claim
What happens when you decide to make a claim for your damages in a pedestrian accident?
First, focus on getting better with medical assistance. As your lawyers, we will follow up with you regularly on this process, and collect your medical records for you as you go. These will be important later. We will also notify the at-fault driver’s insurance company of your claim.
As you reach a medical end point (and in some cases before this) we will develop a demand package for the insurance company. In this document, we’ll provide the theory of the case, why the driver was at fault, an overview of your damages, and some facts about you to help show your story. We’ll work with you on developing this document. Next, we negotiate on your behalf to come up with a settlement that adequately compensates for your harms.
If we can’t reach a settlement with the insurance company, we will prepare to file suit. We’ll keep you informed every step of the way, and begin a lawsuit if necessary. That lawsuit then results in a discovery process in which we get more information from the driver and share more information about your claim. In most cases, we will then mediate the claim with you – again to reach a settlement if possible.
If a settlement isn’t possible, we will go to trial with you to show your story and your harms and losses to a jury and demand just compensation there.
Timeframe For Filing a Lawsuit
In Vermont, your lawsuit must be filed within three years from the date of the crash. This is called the “statute of limitations”, and is an important reason why you should call an attorney quickly to get the process started. We hope you choose Larson & Gallivan!
What About Road Defects?
Sometimes, the cause of the accident is a defect in the road surface, road design or safety signs and lighting. In these cases, the state or municipality may be the one negligent in causing the crash and your injuries. Cases like this are more involved than cases against the driver.
Who Pays for Damages?
In most cases, the driver’s insurance company is the one who pays for the harms.
Sometimes, if the driver has adequate resources, the driver may pay as well. But there are other sources from which we will seek money damages on your behalf – often your own insurance has coverage that may apply.
It’s important to have a knowledgeable personal injury lawyer on board in order to maximize the recovery you’re entitled to.
Call Our Rutland Pedestrian Accident Attorneys Today
If you or a loved one has been in a pedestrian accident in our state, we want you to know that there is help and support available. When you call our law firm, we will start working on your case immediately. We know that you need an advocate on your side–our law firm has the experience and reputation you deserve.
To schedule a free consultation with our Rutland, VT personal injury attorneys, please call our law firm directly or send us a message today.