The steps for filing a Pascagoula pedestrian accident case are exactly the same as any other case where a complaint is filed. A complaint is an initial pleading that initiates any action and lays out the elements of the case, the fact pattern and what is requested by the court.
When pedestrian accidents are related to a government entity, there are some other steps that must be taken before filing a lawsuit. However, everything else remains the same. It is best to speak to an experienced pedestrian accident attorney to learn about filing a claim against the party that caused you harm.
The circuit court would be the primary location for most filings of pedestrian accidents in the State of Mississippi. However, certain counties in Mississippi have what is called “county courts,” and those are general jurisdiction courts where claims are not made for more than $200,000.
County courts are good places to file these types of lawsuits because they are not as busy as circuit courts. If the defendant is from out-of-state, the defendant may have the option to remove the case to federal court. There are other places for filing a claim in federal court against foreign defendants, but those are the main reasons.
There is a deadline to file personal injury claims in the State of Mississippi. The statute of limitations to file a claim in Pascagoula is three years from the date of the accident. However, any case against a government entity must be filed within one year and any intentional acts must be filed within one year. A local pedestrian accident attorney can investigate the incident to determine the exact deadline to file the claim.
When claims are filed there is a lot of work and time and energy that goes into a case. The damages have to be high enough for the action to be filed and go forward. The attorney is going to spend a lot of time and money to prosecute these types of cases, so it has to be worthwhile for everybody involved. Otherwise, the case will stall out and no one will be happy.
Sometimes attorneys have to make strategic decisions about cases and decide whether it is even worth it to pursue from the beginning. Once a case is signed up to the office and it moves forward.
There is a lot of work that goes into a pedestrian accident case before it is filed. The facts have to be fully investigated. Most of the evidence needs to be collected from the scene of the accident or from other places such as hospital records, accident reports, and witness statements that would be necessary and making sure that the person who was injured or killed has completed medical treatment. A seasoned pedestrian accident attorney could help.
A lawyer will help ensure that all evidence is collected, your damages are calculated fully, and your claim is filed properly. Schedule a consultation today to get started filing a Pascagoula pedestrian accident case.