Why You Need an Attorney after a Pedestrian Accident? - Mark Schiffrin PA

If you have been harmed in a pedestrian accident, you deserve compensation for your damages. However, this might not be possible without proper legal representation.

pedestrian accident

What are the common Causes of Pedestrian Accidents?

A majority of pedestrian accidents in Florida are caused by someone’s negligence. People on the streets are expected to exercise a reasonable level of care. They need to obey traffic laws and rules of the road while using the streets, highways, and crosswalks.

However, there are times when an individual does not exercise reasonable care in some manner. Some of the major causes of pedestrian accidents in Florida include distracted driving, not stopping at crosswalks, taking illegal U-turns, driving under the influence of alcohol or drugs, reduced visibility, municipal negligence, pedestrians jaywalking, running red lights, speeding, etc.

What are the common damages that can be incurred in a pedestrian accident?

Some of the common injuries incurred by pedestrians during an accident include broken bones, facial or dental injuries, internal injuries, road rash, spinal cord injuries, traumatic brain injury (TBI), etc.

Depending on the severity of injuries, the victim might have to experience a huge loss of wages. These types of expenses are regarded as damages. Some of the most common damages are loss of enjoyment of life, pain and suffering, past and future medical expenses, past and future lost wages, etc.

Here are some of the top reasons why you need a personal injury attorney after a pedestrian accident:

Determining damages

When you have been injured in an accident, you can claim an injury with the driver’s car insurance company to get bills paid. This is one of the primary duties of a personal injury attorney. It is easy to determine monetary damages like past medical bills and lost wages. However, there are non-monetary damages involved here. These include pain and suffering. Here is when an insurance company will try to come up with a low payout for you.

When you have a well-reputed accident lawyer by your side, he can help calculate how much you truly deserve. They keep your monetary as well as non-monetary injuries in mind. Go for a lawyer who has vast knowledge and experience in this field.

Performing the role of mediator

Most of the insurance companies try to offer victims with low payment. Many insurance companies aim to spend the least amount of money. They also try to attend less amount of court proceedings. If you are all on your own, you are likely to be cheated out of a rightful deal.

Also, most of the insurance companies use other tactics to reduce or even nullify your claim. They might give you a call to discuss the factors of the case. In case they feel that they’ve caught you in a lie, they will try their best to dismiss your claim. So, you need to be cautious here.

When you are working with a good attorney, it gets easy for you to deal with insurance companies. Attorneys know the tactics of insurance companies. Thus, they are able to guide you accordingly. They will advise you as to what to avoid saying to insurance companies. This can remove a lot of stress from your shoulders. Also, they make sure that your case is not jeopardized in any manner. They make sure to safeguard your rights.

Determining fault

When you are a pedestrian, you have some responsibility for your own. You are required to pay a good deal of attention while you are on the road. In case an insurance company finds that you acted negligently, your claim might be nullified or reduced. As per Florida’s comparative fault statute, both parties need to share responsibility for the accident. Even in this scenario, you can be granted a percentage of your compensation. The thing is that it is not that easy to prove it when you do not have hard evidence. This is where your attorney jumps in.

If it was the driver’s fault and still you are blamed by the insurance company, you need to gather proper legal representation to safeguard your rights. Your attorney will use testimony, medical exams, and evidence collected at the scene, to help determine fault in a pedestrian accident. This saves your chances of getting the compensation that you deserve.

Coming up with a winning strategy

When you have the support of an experienced attorney, you can never feel directionless. Your lawyer will get all the details related to your case. And then, he will design a proper strategy for you to help you win your case. Winning is his ulterior motive!

Your pedestrian accident lawyer will know about all the intricacies of the law, including the local statute of limitations, the right time to settle, time to sue, etc. In case your case goes to trial, your pedestrian attorney will argue the facts of your case. If required, he will bring in top witnesses. In short, he will try everything to secure a settlement that is right for you.

An experienced pedestrian accident attorney will know when to settle a lawsuit and when they should take the driver. Your lawyer might ask you to get an exam. This way they can determine how much you should pursue in damages.

Your insurance company will certainly tend to bully you out of a fair settlement. But having a good attorney can help you immensely in this situation.

Helping in the worst-case scenario

When you are injured in an accident, and the driver who hit you was never caught, your case is likely to get complicated. Here is when your lawyer will help you.

Your lawyer can help by speaking to your insurance company. This way he will ensure that you can get the most out of your coverage.

Filing lawsuit

You need to know as to when to file a lawsuit. There is no point in delaying here. Your lawyer will ask you to get as many photos and documents of your injuries as possible. This will affect the amount of settlement that you end up getting.