Do I Need a Pedestrian Accident Attorney?

AUTHOR: A.J. Bruning | February 3, 2024
Do I Need a Pedestrian Accident Attorney?

Hiring a pedestrian accident attorney is essential in protecting your rights to compensation for your losses. As a pedestrian struck by a vehicle, truck, motorcycle, or other motor vehicle, you may have sustained significant injuries and financial losses, perhaps enough to make it difficult to manage day-to-day financial responsibilities. Having an experienced pedestrian accident lawyer in St. Louis available to guide you through recouping your losses can be financially critical.

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The Value of Hiring a Pedestrian Accident Lawyer

Each case is unique, and every situation requires meticulous consideration by an attorney experienced in managing this type of personal injury claim. Explore the advantages of collaborating with a pedestrian accident attorney to navigate the complexities of your circumstances.

Allow you to focus on your recovery

Do I Need a Pedestrian Accident Attorney

Many times, pedestrian accidents lead to substantial injuries and losses. You cannot work or go to school. You may have injuries that keep you hospitalized for some time, or you must spend days in rehabilitation working to gain the ability to walk again. The most important way your pedestrian accident attorney can guide you early on is by ensuring you can focus on your recovery.

When you trust an experienced pedestrian accident attorney, you know they are handling the determination of your claim, answering insurance company questions, and evaluating the case evidence necessary to obtain compensation. You know that you are receiving answers to any questions. This allows you to focus on your recovery.

Attorneys gather evidence to prove fault

The pedestrian accident attorney will then work closely with you to gather all evidence you can provide about what occurred. Using this information, the insurance company will then find any available data to back up such claims. Evidence accessible to the attorney may include the following:

  • Witness statements
  • Police reports
  • Medical records and lab reports from the driver of the accident
  • Any available video or photo information from the surrounding area
  • Expert witness information
  • Commercial truck logs and vehicle data
  • Vehicle manufacturer's known problems (that can contribute to this incident)
  • Data from the driver's navigational log

This data becomes instrumental in proving the driver's actions during the accident, contributing significantly to establishing negligence. Clearly demonstrating negligence forms a robust foundation to assert that you are owed compensation in your case. The detailed information gathered is a key element in building a compelling case that strengthens your position and enhances the likelihood of securing the compensation you deserve.

The accident attorney will then diligently gather essential information to determine responsibility and identify the responsible party's insurance provider. This may involve identifying the driver of the vehicle involved and potentially investigating the driver's employer in certain cases. Thorough information collection is critical to building a strong case and pursuing the appropriate avenues for compensation in your pedestrian accident claim.

Determining the losses in your case

Your pedestrian accident likely has led to numerous losses. You may have medical bills and lost your income during the recovery period. Your pedestrian accident lawyer will work to better understand how this incident has impacted you. Then, their job entails determining the value of those losses.

To do this, the attorney will use their experience and any evidence available to document the losses you have across the board. Some of the most common losses in an accident like this may include:

  • Medical bills related to the emergency medical care obtained
  • Hospital-related costs
  • Ongoing rehabilitation costs
  • Medication costs
  • Modifications to your home
  • Assistive device equipment needed
  • Lost time at work
  • Damage to any property

In addition, most people in this tragic incident will suffer from non-economic losses. These are losses associated with less concrete evidence. Some examples may include:

  • Pain and suffering
  • Emotional trauma and mental anguish
  • Loss of consortium
  • Loss of quality of life
  • Loss of earning capacity
  • Damage to relationships
  • Damage to your mental health
  • Limitation on your lifespan
Pedestrian accident Victim

Pedestrian accidents typically involve very complex medical care needs. This can often complicate assigning value to the losses associated with the case. A person with paralysis as a result of being struck by a fast-moving car may need care on an ongoing basis. They may never walk or care for themselves again.

Your pedestrian attorney has experience in determining how to value these losses. They may consult medical professionals and examine decisions made in similar cases and data from your current doctor to construct a clear, well-thought-out claim representing your comprehensive losses. This is another very important reason to have a well-qualified attorney for pedestrian accidents available to you. It ensures you do not settle your case for less than what you truly owe because you know how much to claim.

Issues a demand for settlement

With all this information, the pedestrian accident attorney is responsible for filing a settlement demand. This legal document outlines the claimed amount, the reasons for the claim, and who is responsible for paying it. It is customized to fit the specific details of the situation, including a full outline of your losses.

The demand letter for settlement will include all losses possible and details to help back up those claims. This may include:

  • Medical records
  • Billing information from medical providers
  • Lost income and other benefits fully documented
  • Documents that the adjuster requires to verify losses

It is not uncommon for insurance companies to demand more information and receipts or to request more medical records. They may want to learn if you had any preexisting condition that made it more likely that you will suffer more complicated injuries after an accident. They also want information that verifies what you can and cannot do directly from the incident.

Your pedestrian accident attorney must answer those questions and provide any necessary details to verify your losses. This takes some time. It also takes understanding when the insurance company can ask for information and what may be off-limits. Ensure you understand the reasoning behind their requests, as it can impact how you answer questions.

Relying on your pedestrian accident attorney's experience and ability to communicate your losses with proof is very important. It may help ensure the insurance company does not deny your claim and helps minimize the risk of further financial loss.

Your Attorney May Go to Court for You

It is never ideal for a personal injury claim to end up in court because this often delays the process. Yet, in a pedestrian accident claim that may be more complex or with substantial losses, it may be necessary to have a judge or jury make the final decisions on when you should receive compensation, how much you should receive, and who is at fault.

Pedestrian Accident

There may be questions about the validity of your case. Other times, going to court is necessary to prove recklessness and to potentially obtain punitive damages in cases where the driver may have been intoxicated.

When your case is more complex and needs to go to court, having an experienced pedestrian accident attorney with trial experience can prove invaluable. This is your opportunity to prove to a court that this person or company should pay for your injuries and losses – losses that may impact your life for years. You need a well-qualified legal representative to manage this entire process.


Analyzing If You Need a Pedestrian Accident Attorney

It is always wise to have legal representation when facing a life-changing legal matter like this. Even attorneys themselves may hire others to represent them, emphasizing the importance of "getting it right" and maximizing compensation. Reflect on key questions to make an informed decision about seeking legal assistance in your pedestrian accident case. Choosing the right representation can significantly impact the outcome and ensure your rights are protected effectively throughout this challenging process.

How important is the compensation you receive to your future?

For a person who cannot work or an individual with a significant injury that can take years to recover, the compensation from this claim can be critical to paying your mortgage, covering your day-to-day costs, and continuing to receive your ongoing medical care and needs. If that much is on the line, you cannot afford a mistake or settle your case for too little. Your attorney can alleviate that risk to you.

Is there any question about the validity of your claim? Could you be found at fault?

Having an experienced pedestrian attorney can be incredibly valuable in situations like this. Insurance companies will exhaust all methods possible to reduce compensation paid out. They have the legal right to pay only what is due. You need the compensation owed to you to ensure long-term financial stability.

In situations with complexities like this, having a highly experienced attorney for your pedestrian accident claims is crucial. Your case's intricate details, proper evidence assessment, and strategic legal navigation become pivotal factors. An experienced attorney improves the likelihood of you receiving compensation and diligently represents your rights throughout the legal process. Choosing the right attorney can significantly impact the outcome of your pedestrian accident claim.

Do you need information and guidance before deciding to file a claim?

Pedestrian accident attorneys often work on a contingency basis. Many will also offer a free consultation and case review to you. There is no harm in requesting information, setting up a meeting, and discussing what happened to you. This can open the door for insight into your legal rights or obstacles you may have when making a claim.

Hiring an attorney does not mean paying a significant amount upfront to cover those legal fees. You usually do not pay until you win your case and receive a settlement from the insurance company or at-fault party. This eliminates the risk of owing an attorney a significant amount of money without the ability to work.

Qualified Pedestrian Attorneys Bring Benefits to the Case

When you hire a well-qualified pedestrian accident attorney, you benefit in numerous ways from what these attorneys can provide to you:

  • They offer astute legal advice and counsel, aiding you in making wise decisions grounded in the law and your rights.
  • They protect your right to compensation by helping you avoid mistakes or miscommunications, delays, and misunderstandings that can limit your ability to obtain financial support.
  • They work to eliminate the risk of missing compensation opportunities due to a lack of experience.
  • They actively wield negotiation power and prowess, ensuring they meet your needs and consistently represent your best interests.
  • They can also give you peace of mind, knowing that legal support is available for your needs.

The key to remember here is that without the guidance and support of an attorney with experience in pedestrian accidents, you must handle each one of these steps on your own. You must have the knowledge, skill, and ability to navigate the process and achieve the best possible outcome. Without a law degree, that is quite difficult to do.

Consider How Common Pedestrian Accidents Are

Anthony Bruning
Pedestrian Accidents Lawyer, Anthony Bruning

The statistics make it clear that pedestrian accidents occur frequently. The National Safety Council shares that nearly 9,000 pedestrians died as a result of traffic or non-traffic accidents, including those that occurred on roadways, driveways, parking lots, and private property.

This is not new, and it has not improved in recent years. The Insurance Institute for Highway Safety reports that such accidents have increased in recent years. Between several years, the rates have increased by 80 percent. That makes up about 17 percent of all crash fatalities in the country. With so much at risk, it is no wonder that having a highly skilled and experienced attorney available to guide you through the claims process is critical.

When you are facing ramifications after a pedestrian accident, do not wait to get help. Contact a pedestrian accident attorney who can guide and support you every step of the way throughout this complicated process. Doing so can make an incredible difference in your case's long-term outcome while protecting your ability to move forward with your life without financial limitations and loss due to no fault of your own.

A.J. Bruning

Founder

I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.

Author's Bio

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