If you were struck by a motorist while traveling on foot in Peachtree Corners, you might wonder if you have grounds for a civil suit. The first step in filing a pedestrian accident claim in Gwinnett County is to speak with a qualified injury attorney. A knowledgeable lawyer could review your case to see if you qualify for financial compensation.
Before filing a case, an injured pedestrian should make sure they have gathered all the evidence for the attorney to review. The attorney should know what their goals are in the case, and the attorney could assess the claimant’s losses to make sure there are adequate damages to file a case.
An attorney needs to make sure the injured pedestrian does not talk to anybody on any legal basis, especially not the insurance company. The attorney’s office should deal with the insurers. While the injured person can help with collecting evidence, they should have no direct contact with the at-fault driver’s insurance company.
To file a pedestrian accident case, a person must first send a demand to the insurance company, and if the insurance company does not want to give the full value of the damages, then the person would file a lawsuit. To find out where to file the case, a person has to look at each court to determine which courthouse has proper jurisdiction for that matter. A claimant and a lawyer would need to find out where the defendant resides, where they legally live, and then they could bring a suit in that venue or county. They can move forward from there.
The first thing to consider in deciding whether to file a case is determining liability, meaning who is at fault. If the pedestrian is 50 percent or more at fault, they do not have a case.
An experienced attorney must look at all the circumstances and evidence surrounding the case, the damage to the person, and whether the injuries will cause future complications. They do not have a case if the damage is minimal. They have to have proof of driver liability and personal damages in a case to bring it forward.
Typically, motions, hearings, and trials are conducted in court. The other tasks, such as the depositions, discovery, and exchanging information with defense counsel is done outside of court by the attorneys, not the claimant. The claimant has to come to the depositions if they take the pedestrian’s deposition, but the court is usually for trials, motions, and hearings.
Before filing a pedestrian accident claim in Gwinnett County, it is important to speak with a well-practiced attorney. A lawyer could review your case to determine if you have grounds for a civil claim. If you do, an experienced injury lawyer could guide you through the litigation process and help you recover compensation. Schedule a free consultation today with a dedicated attorney.