Pedestrian accidents may have a life-altering effect, especially when they involve surgery. Understanding the timeline of a pedestrian accident case in Springfield, MO, is crucial for understanding the consequences of such an occurrence. Several factors influence the duration of such cases, including the type of injuries and legal processes.
Timeline for a Pedestrian Accident Case Requiring Surgery
Major Factors Influencing Case Duration
The period for which a pedestrian accident case can be settled is dependent on several key factors:
- Severity of Injuries and Recovery Time: Serious surgery injuries will have more extended recovery periods. The longer recovery period may hinder legal processes, as one needs to fully comprehend the long-term effects of the injuries before agreeing on any settlement terms.
- Complexity of Medical Treatment: Those cases involving complex medical treatment or even more than a single surgery take longer. Documenting the seriousness of injury and expenses requires much time; hence, the case takes longer.
- Liability Determination: Fault determination is the deciding factor in all personal injury cases. Where there is doubt regarding who is responsible for the accident, investigation and negotiation will be required, which is time-consuming.
- Insurance Company Negotiations: Insurance companies will attempt to limit payouts, which can take a long time to negotiate. The presence of a lawyer helps shorten the period it takes to attain this since a lawyer can effectively counteract such tactics.
General Timeline of a Pedestrian Accident Case
Each case is different. If you are unsure when to file a case, you can take the help of a pedestrian accident lawyer. However, a general timeline of a pedestrian accident case with surgery may be as follows:
- Medical Care and Rehabilitation: Health is paramount. The time for medical care and rehabilitation also largely depends upon the degree of injury.
- Pedestrian Accident Lawyer Consultation: Consulting a lawyer at the earliest stage assures your rights, and they may begin obtaining evidence without delay.
- Investigation and Evidence Collection: This stage involves collecting medical records, accident reports, witness statements, and other evidence to construct a strong case.
- Filing of Claims and Negotiations: Your attorney will file claims against the respective insurance companies and negotiate to procure a reasonable settlement. This can be time-consuming, mainly if the insurers are uncooperative.
- Litigation: A suit is initiated if an acceptable settlement is not possible. Litigation involves discovery, depositions, and possibly a trial, which can prolong the case duration.
Missouri’s Comparative Fault Law
Missouri is a “pure comparative fault” state. That means that if the pedestrian is partly at fault for causing the accident, their damages are cut proportionally by the amount of their fault. To illustrate, if a pedestrian is 30% at fault for the accident, they would be entitled to 70% of the entire damages recovered.
Statute of Limitations in Missouri
In Missouri, the law of limitation for personal injury cases, such as pedestrian accidents, is usually five years from the accident. It’s essential to file a legal action in that period to maintain your ability to be compensated.
Pedestrian Accident Lawyer Springfield – Role of a Lawyer
Having a Springfield, MO, pedestrian accident attorney will make a big difference in the result and length of your case. An attorney can:
- Give Legal Guidance: They can explain the intricacies of the law of personal injury in Missouri and advise you on what to do.
- Take Care of Communications: You should manage your communication with insurers and other adversary parties to protect your interests.
- Resolve Conflicts: With their experience, they can successfully negotiate to secure an appropriate resolution that accurately shows the extent of your damage.
- They will represent you in court if the issue is resolved.
Seeking the services of a pedestrian accident attorney in Springfield can help you understand how to navigate the procedural complexities of the law and negotiate an equitable settlement.
If you or a loved one has been hurt in a Springfield, MO, pedestrian accident and needs help from an attorney, do not hesitate to contact our experienced staff. We are here to offer guidance and support during this difficult time.
