If you were injured in a pedestrian accident, receiving compensation for your injuries can seem like an overwhelming task. Filing a Boca Raton pedestrian accident case can be a complicated process, but the attorneys at Kogan & DiSalvo could help you recover the damages you may be entitled to. Call today for a free consultation.
Statute of Limitations
The statute of limitations for pedestrian accidents and other negligence cases in Florida is two years from the date of the accident. When a cause of action for negligence is based upon breach of contract by a person’s uninsured motorist company, the statute of limitations is five years.
When deciding whether to file a pedestrian accident case, a person’s attorney may weigh the pros and cons of litigation and explain that lawsuits can be time-consuming, the costs for the attorney’s office can become expensive, and the overall risk to reward ratio may not be worth it in some cases. However, the attorney will review all the evidence gathered to date, evaluate the total value of the case compared to any previous settlement offers, and will ultimately recommend whether they believe filing a lawsuit is a good idea.
Some factors to consider are:
- Whether the victim lives out of state, making it more difficult to appear for a deposition and eventually for trial
- The need to take off from work to attend depositions, mediation, compulsory medical examinations, meetings with the attorney’s office, or trial
- Prior medical history and whether the victim has had injuries to the same body parts before
- Prior automobile accident history, litigation history, and criminal history
- Whether the client will be a compelling witness
- The overall value of the case
Steps Before Filing a Case in Boca Raton
Before filing a Boca Raton pedestrian accident case, the attorney should have conducted an investigation of the case and evidence in support of a person’s claim. This might include collecting evidence such as:
- Police reports
- Medical records
After gathering evidence, the attorney will usually send a demand letter explaining the claim to the insurance company along with their medical records and bills. If the insurance company is unwilling to negotiate fairly, a lawsuit may be necessary.
How a Pedestrian Accident Case is Filed
The first step in filing a Boca Raton pedestrian accident case is drafting the complaint. The complaint lays out the basis for a person’s claim and explains to the defendant why they were negligent. It also demands monetary damages.
The next step in a lawsuit is filing the complaint in the correct court. Usually, pedestrian versus automobile accidents will be filed in a state court system as opposed to federal courts.
After the complaint is filed with the court, a summons is issued to the defendant in the case, and a process server serves a copy of the complaint and summons on the defendant. The defendant then must file an answer to the complaint within 20 days. Usually, a defendant is represented by their insurance company, and the insurance company will hire a lawyer to represent the defendant. After the defendant is served with the complaint, the lawsuit has begun and the process begins.
The plaintiff only goes to court if the case goes to trial. Everything else, other than court hearings and trial, occurs outside of the courtroom. This includes depositions, discovery, subpoenas, compulsory medical examinations, and mediations.
District Court, Circuit Court, and Federal Court in Boca Raton
In a pedestrian versus automobile accident case, whether a case is filed in state court or federal court depends on the parties involved. For example, if a person is suing a citizen of a state other than Florida and they are asking for at least $75,000 in damages, they have the option to sue in federal court. However, it does not mean that the case will always be filed in federal court. There are many things to consider, such as the federal rules as opposed to state rules.
If a person’s attorney advises them that the suit should be filed in the Florida state courts, the next decision is whether the suit should be filed in county court or circuit court. Usually, an automobile accident case will be filed in circuit court, because to sue in county court, they must seek less than $15,000 in damages.
The attorneys at Kogan & DiSalvo understand the difficulties you may face when filing a Boca Raton pedestrian accident case. Call today for a free consultation, and find out how skilled pedestrian accident lawyers could fight for you.