Do I Need a Pedestrian Accident Attorney?
Pedestrian accidents can cause traumatizing physical and emotional injuries that lead to significant financial damages.
To compensate for these damages, pedestrians can file a personal injury claim against the negligent, at-fault party, but you will need an experienced pedestrian accident attorney to play a leading role in getting the compensation you deserve.
Determining Fault in a Pedestrian Accident
You must identify the liable party to file a claim correctly and on time. While you may think that your accident is straightforward, legal nuances may make the process of establishing fault more complex than you anticipate. A personal injury attorney can investigate the incident and identify potentially liable parties, such as:
Drivers
Driver negligence includes speeding, distracted driving, failing to yield, or driving under the influence. An attorney can gather evidence to prove the driver’s negligence by using witness testimony, police reports, or surveillance footage.
Authorities
Poorly maintained roads, inadequate lighting, or lack of proper signage can contribute to pedestrian accidents. An attorney can investigate the accident scene and, if necessary, involve experts to establish if road conditions played a part in the incident. If that is the case, you may request compensation from local or federal authorities.
Vehicle Manufacturers
A defect in the vehicle, such as malfunctioning brakes or tires, might be the cause of an accident. Your attorney can investigate this possibility and hold the manufacturer accountable.
You may hold more than one party responsible for some accidents. An experienced pedestrian accident attorney can determine fault and file a lawsuit against the right party before the statute of limitations expires.
Conducting Negotiations
Insurance companies often minimize payouts, by disputing the severity of your injuries or denying your claim altogether.
An experienced pedestrian accident attorney can level the playing field when dealing with insurance companies. Your attorney understands the tactics insurers use and can effectively counter their attempts to undervalue or deny your claim.
Do not handle highly emotional and frustrating negotiations with insurance adjusters and the at-fault party’s lawyers, as you may put yourself at a disadvantage and lose the chance to obtain fair compensation. Instead, hire an experienced pedestrian accident attorney.
Providing Legal Advice
An attorney can handle each step of the claim process on your behalf. This includes gathering evidence, filing your claim, negotiating with the insurance company, and, if necessary, taking your case to court.
Placing your claim is in the hands of experienced legal professionals can give you peace of mind.
You will have to make many important decisions throughout your case, such as whether to accept a settlement or go to court. You need someone with relevant legal experience to make the right choice. An attorney can provide legal advice every step of the way and keep you from making mistakes that could cost you a fair payout.
Filing Documents on Time
The statute of limitations sets a deadline for filing a personal injury claim. If you fail to file your claim within the specified time frame, you may lose your right to pursue compensation, so consult an attorney as soon as possible after your accident.
The time limit for filing a personal injury claim varies from state to state, typically between one and three years. In Connecticut, for example, the statute of limitations for filing a personal injury claim is two years, while in nearby New York, the limit is three years.
A pedestrian accident attorney can file your claim on time and meet all legal deadlines. They also monitor the progress of your case and inform you of any important developments. This allows you to focus on your recovery instead of trying to handle the legal aspects of your case.
Going to Court
The majority of pedestrian accident claims settle out of court, but reaching a fair settlement is not always possible. This may occur if the insurance company disputes liability or the extent of your damages, or if both parties have vastly different expectations regarding the value of the claim.
If your case goes to court, your attorney will not only present your case to a judge or jury but also cross-examine witnesses, challenge expert testimony, and craft persuasive arguments to support your claim.
A skilled pedestrian accident attorney can help you present a strong case at trial by gathering and presenting compelling evidence, highlighting the defendant’s negligence, and documenting your injuries and losses. With their trial experience, your attorney can maximize your chances of obtaining a favorable verdict and achieving the compensation you deserve.
Hiring a Pedestrian Accident Attorney
When deciding whether to hire a pedestrian accident attorney, you have to remember that every pedestrian accident case is complex and unique. Even if you are sure that you have the right to receive compensation, you still need to prove it. This involves gathering evidence, conducting an in-depth investigation, speaking to witnesses, negotiating with insurance companies, filing documents on time, and potentially going to court.
An experienced personal injury attorney can take care of all the elements of your claim, including gathering evidence and making a strong argument to the jury. Without such assistance, you reduce your chances of recovering fair damages.
Consult a pedestrian accident attorney to discuss the specifics of your case. Many experienced personal injury lawyers offer free, no-obligation case evaluations. Take the opportunity to hire an attorney with relevant legal experience so you can focus on recovery.
