What to Avoid When Filing a Pedestrian Accident Lawsuit in Illinois

 Posted on July 13, 2023 in Blog Post

When filing a pedestrian accident lawsuit in Illinois, proceed with caution and ensure you have the relevant evidence to support your claim. Seeking an attorney for car accident lawsuits can help you complete the paperwork correctly. You should also know that even small mistakes can weaken your case. Here are a few things to consider before filing a personal injury claim. 

Do Not Delay Medical Attention 

Many pedestrians ignore minor injuries sustained during an accident and choose not to seek treatment. Due to this, they may find it difficult to create a medical paper trail that links their injuries to the incident. Visiting an ER or medical care facility right after the accident allows you to create an official medical record of the injuries as soon as possible. 

A doctor’s evaluation and treatment can be used in court to establish credibility and prove that your poor health condition and physical injuries are a direct outcome of the accident. 

Avoid Posting About Your Accident on Social Media  

Insurance agencies and defense attorneys closely monitor the social media profiles of victims and people they know. 

Therefore, you should be cautious of what you or your family and friends share online after the incident. Avoid mentioning anything related to your injuries, health, and other damages sustained on social media, as those words can be used against you to undermine your claim. 

For instance, a defense attorney may argue that you were feeling well and were not injured severely if you share videos engaging in recreational activities immediately after the incident. Likewise, posting about your incident and using hateful words against the driver can also be misconstrued by the opposing counsel during the trial. 

The best course of action is to remain silent about the incident until and unless it is necessary to issue an online statement. Always ensure you have a lawyer at your side to mitigate risks associated with online activity. 

Refrain from Making Claims without Documented Evidence 

Defense lawyers can use your statements against you if you exaggerate an injury or make claims without presenting concrete evidence as proof. 

In these cases, you need medical reports, police records, photographic evidence, and witness statements to support your statements. You can acquire this information by contacting emergency responders after the accident. This allows you to start a lawful investigation which can help you build a strong case against the defendants when you file a personal injury lawsuit. 

File a Lawsuit Before the Statute of Limitation Expires 

Illinois state laws accept personal injury claims filed within two years of the pedestrian accident. Failure to adhere to this timeline can cause the court or opposing counsel to discredit the lawsuit. 

Therefore, if you or a loved one were hurt in a pedestrian accident, you should file a lawsuit immediately. Or consult an attorney to document evidence before taking legal action. This helps you prepare for the case on time and within the statute of limitations. 

Contact Our Park Ridge Pedestrian Accident Injury Attorneys

Like most personal injury cases, pedestrian accident lawsuits require well-documented evidence and medical records to support a victim’s claims. An attorney can help you complete the necessary paperwork to help you initiate legal proceedings. When in doubt, dial 847-232-7180 to contact Park Ridge pedestrian accident injury attorneys from Quinn Law Group, LLC and book a consultation. 

Source

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401