Before filing a pedestrian accident case in Tampa, there are many considerations someone injured should take. an individual should have all of their evidence and documents in order to appropriately plead a complaint that meets all the statutory causes of action. The individual should also make sure they have the appropriate defendants named in the case.
If you are interested in filing a pedestrian accident case in Tampa, an experienced pedestrian accident lawyer can help you build your case. A Tampa pedestrian accident lawyer can help you pursue the damages you deserve.
Pedestrian Accident Case Considerations
The statute of limitations for filing a pedestrian accident case in Tampa, Florida is four years from the date of the event causing the injury transpired.
Considerations include how collectible the case is:
- The amount of potential damages that the jury is going to be able to award
- Whether or not there is an insurance company on the other side
- If the defendant has assets sufficient to justify the costs associated with litigation
The people that may be liable are not always readily apparent and there may be people that are potentially liable to the individual that are not the driver or the owner of the car. There is the determination about what jurisdiction the person wants to file their claim and what jurisdictions are more favorable to pedestrian accidents.
Determining Where the Case Will be Filed
The determination for filing a pedestrian accident case in Tampa is based on the dollar amount of the case and the residence of the people involved. If an individual has diversity of citizenship and a case in excess of $75,000, they have the right to file their claim in the federal court.
If an individual lacks, diversity of citizenship or the amount in controversy, they are pigeonholed to the state courts, but their lawyers are going to be in a position to determine which jurisdictions are best for the person. The county court’s jury system is up to $50,000 and anything $50,000 and above is handled in circuit court.
Inside the Court vs. Outside the Court
Filing a pedestrian accident case in Tampa takes the exact same amount of processing as any other personal injury case. An individual will file the claim in the proper court, either circuit or county, making a claim based on the duty breached, causation, and damages that they sustained. These are the elements of a standard cause of action for negligence, which is what pedestrian accidents fall under.
A lot of things are handled in court. If an individual files a lawsuit, the discovery, the evidence-gathering, and the depositions are handled in court through the court process. The individual will be able to make a showing of their damages to a jury and that jury has the ultimate say in what an individual can expect to receive in compensation. The negotiations happen outside of court to try to avoid the cost and exposure in litigation.