With the help of an Atlanta pedestrian accident lawyer from Kaine Law, you could recover compensation for your losses if a pedestrian accident hurt you. Our team can file your insurance claim or personal injury lawsuit, communicate with the insurer, and answer any questions you have.
We also work on contingency. Our firm only gets paid our attorney’s fees in this payment structure if our team resolves your situation. Your time to act may be limited, so prompt legal action is beneficial.
Types of Damages for Which You Can Seek Compensation
Depending on the circumstances surrounding your pedestrian accident, you could receive compensation for the following:
Your Past and Future Medical Bills
You might have suffered severe injuries in your pedestrian accident. We believe that if another party’s negligence caused you harm, you should not have to pay for your medical treatments.
Your compensable medical expenses could include the following:
- Hospital stays
- Pain medications
- The ambulance ride
- Physical therapy or chiropractic care
- Residency in a specialized care facility
- Assistive devices, like wheelchairs
- Doctors’ visits
- Imaging scans and other forms of diagnostic testing
We can also help you recover compensation for any healthcare expenses you may incur in the future because of your condition.
Lost Wages and Loss of Future Earning Potential
You may be unable to work, whether in the short or long term. Our team can determine the value of your lost employee benefits, income, and bonuses by reviewing your employment records. We can also consult economists to learn more about how much you lost in job-related benefits.
Pain and Suffering
Georgia does not place a dollar amount on how much you can request for pain and suffering. This expense is meant to account for the physical pain you suffered.
The monetary value of your pain and suffering will depend on:
- Your quality of life
- The extent of your injuries
- Your expected recovery period
- The cost of your economic damages
- How much time you missed from work
- Whether you will have a permanent disability
Kaine Law can determine how much your pain and suffering is worth. We will work with the insurer to get what you are owed.
In addition to the physical and financial harm pedestrian accidents can cause, victims can suffer mentally and emotionally. You may be eligible to recover damages for mental anguish if you endure:
- Post-traumatic stress disorder (PTSD)
We can speak to your physician or mental health counselor to get an idea of how much we can request for these losses.
Scarring and Disfigurement
Sometimes, the injuries pedestrian accident victims suffer are so severe that the accident can change how they move and look permanently. Such injuries that may qualify you for scarring and disfigurement damages include:
- Fractured or broken bones
- Contusions or lacerations
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Internal bleeding or organ damage
- Shoulder, neck, and back injuries
- Head or chest trauma
Following your pedestrian accident, your earning power and day-to-day function may be significantly limited. You can also include this loss in your claim.
Wrongful Death If Your Loved One Passed Away from the Pedestrian Accident
Pedestrian accidents can be fatal. CBS46 reported that in November 2021, a 59-year-old pedestrian succumbed to his injuries after a driver struck the victim on Piedmont Road.
If your loved one passed away from the injuries they suffered from the accident, you could file a wrongful death case and request reimbursement for:
- Funeral costs
- Burial plot
- End-of-life medical care costs
- Loss of services
- Loss of consortium or companionship
- Loss of financial support
These losses are just a handful of the damages that your pedestrian accident lawyer could recover for you and your loved ones in Atlanta. After evaluating your case, we can explain your financial recovery options and take measures to secure compensation.
For a free legal consultation with a pedestrian accident lawyer serving Atlanta, call 404-214-2001
The Statute of Limitations’ Impact on Your Pedestrian Accident Case
Most pedestrian accident cases in Georgia are resolved through insurance negotiations. However, depending on the circumstances of your situation, you may need to file a lawsuit to resolve your case. Not only can our team cross-examine witnesses, communicate with the other party’s legal counsel, and present your case, but we can also determine how long you have to act under the state’s statute of limitations.
For instance, if a MARTA bus hits you, you could sue the City of Atlanta. In this instance, you would have six months to take action, per O.C.G.A. § 36-33-5. However, if a negligent motorist struck you, you could have up to two years to file suit, according to O.C.G.A. § 9-3-33. The same statute applies if you file a wrongful death case after the accident causes your loved one’s passing.
Kaine Law can determine how long you have to file and present your case. Even if you believe the statute of limitations has run out in your case, you might have more options. Some exceptions could give you more time to file your pedestrian accident lawsuit. Your lawyer can help explain these exceptions to you.
Steps Your Pedestrian Accident Lawyer Will Take to Help Your Atlanta Case Succeed
You should not have to bear the responsibility of managing a personal injury claim or lawsuit on your own. Let our team do that for you.
Some of our legal services include:
Collecting Evidence to Prove Fault
Earlier, we discussed how our lawyers will need to determine who caused your accident to pursue compensation. To do this, our team will need to gather and review evidence.
Some pieces of evidence that we can use to prove fault in your pedestrian accident caseinclude:
- The at-fault motorist’s driving history
- Photos of the accident scene
- The police report
- Traffic camera footage
- Testimony from an accident reconstruction specialist
We can also talk to witnesses. They may be able to provide further insight into the circumstances surrounding your accident.
Then, we will use this evidence to apply the negligence model to show that the other party is liable for your case. It comprises:
- Duty of care: The other party was obligated to drive with your safety as their priority.
- Breach of duty: They did not fulfill this duty of care.
- Causation: This breach led them to cause an accident and your injuries.
- Damages: You suffered damages from the accident.
Calculating the Cost of Your Damages
We want to account for the losses you will experience now and in the future. Our accident lawyers will calculate the cost of your accident-related losses by:
- Reviewing your employment records
- Interviewing people close to you who understand your situation
- Consulting economists
- Researching the outcomes of cases similar to yours
- Talking to your healthcare team about your ongoing medical expenses
Negotiating a Settlement with the Liable Party’s Insurance Company
The insurance company might not want to settle your case right away. The adjuster may delay the claims process by saying that you do not have evidence to support your allegations. They may say that they are not liable for your expenses.
We can negotiate with the insurance company by:
- Presenting the cost of your damages
- Highlighting what sections of the liable policy entitle you to damages
- Managing verbal and written correspondence with the insurance company
- Shielding you against bad faith insurance practices
If negotiations with the insurance company do not prove fruitful, we could prepare your case for a jury trial.
Our Legal Services Will Be Available to You on a Contingency-Fee Basis
There is no need to worry about affording our legal services after a pedestrian accident. Our law firm works based on contingency, meaning:
- We finance your case from the beginning.
- Your initial call is free and comes with no obligation.
- We don’t charge you anything up front or out of pocket.
- There are no retainers or hourly fees involved.
You will only pay your personal injury lawyer if they secure a financial recovery for you after your case. This payment agreement considers your financial state and limits your overall risk.
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How Kaine Law Has Helped Clients Throughout the Atlanta Area
Since we began practicing personal injury law, we have recovered millions of dollars for our clients. We will do everything in our power to secure compensation for your losses.
Our former clients have talked about their positive experiences with using our firm for help. A few of them have said:
“They are very prompt and will normally answer within 24 hrs or call you right back… I was so pleased that I referred someone to KL and also is having a positive experience. I don’t just consider myself a client but family as the staff ensure that you are satisfied…” – Seferino P.
Evan was a great attorney for me… We stayed in contact from the beginning to end. He is very accessible… I know he worked really hard for me and went out of his way to get me the best possible results.” – Darius M.
“I am glad that I found Kaine Law and decided to working with them. David was very helpful and patient. Thank you David and your teammates (Erica, Julia, Ashely and Melanie)’s hard work to help me get a [satisfying result [for] my case. I will recommend them for everyone…” – Shili G.
We will aim to give your case the same care and dedication we did to our previous clients’. The only difference will be that our approach will consider the facts of your individual case and needs.
Common Causes of Pedestrian Accidents in Atlanta, Georgia
As previously mentioned, all drivers owe other road users, including pedestrians, a duty of care. Unfortunately, they can come up short of this obligation and cause an accident. Among the most common causes of pedestrian accidents are:
- Speeding and other forms of reckless driving
- Driving while fatigued
- Distracted driving (e.g., texting, talking on the phone, other passengers, etc.)
- Disregarding traffic signals (e.g., failure to yield, stop signs, etc.)
- Driving while intoxicated
Drivers aren’t the ones who could be responsible for pedestrian accidents. The following parties might have caused, or at least contributed to it:
- Construction companies: If they failed to maintain the site and debris hit you
- A mechanic: If the vehicle that struck you malfunctioned due to a mechanic’s failure to address an issue or correctly install a part
- The City of Atlanta: If it failed to address sidewalk or road hazards
- A vehicle parts manufacturer: If the vehicle that hit you contained defective part
- A bicyclist: If they failed to comply with road rules
You May Still Be Entitled to Damages If You Contributed to Your Pedestrian Accident
Georgia imposes contributory negligence law. Under O.C.G.A. § 51-12-33, you can still collect compensation if you contributed to your accident. However, your portion of the fault in the accident can reduce the amount you can collect. Consider the example below:
Let’s say you’re crossing Peachtree Road and walk outside of the crosswalk markings. This action is a violation under O.C.G.A. § 40-6-92. But then, a speeding drunk driver strikes you when you’ve almost made it to the other side of the street. When it comes time for settlement negotiations, the insurance company or court may assign you 25% of the fault and 75% to the drunk driver.
So, if your settlement or court award is intended to be $100,000, you would receive $75,000. If you are found to be more than 50% responsible for the accident, the state will bar you from taking legal action. Not to worry – a lawyer with our firm will pursue the compensation you need following your pedestrian accident.
What You Can Do After You Were Hurt in an Atlanta Pedestrian Accident
Our lawyers will champion you throughout your entire pedestrian accident case. However, there are a handful of things you can do to help yourself and your lawyer.
The following steps could make a difference in your settlement or court award:
Get Immediate Medical Attention
You or someone else might have called an ambulance to the scene of the accident if you had apparent serious injuries. If that wasn’t the case, we urge you to go to the hospital or your primary care doctor right away. You must ensure that your injuries are treated promptly to keep them from worsening and so the doctor detects any underlying injuries.
For example, according to Mayo Clinic, injuries, such as traumatic brain injuries, might not show symptoms for days. You may risk permanent brain damage if your TBI goes untreated.
In addition to making sure you are in good health, acquiring prompt medical attention will help protect your right to a financial recovery. As such, the longer you wait to go to the doctor, the more difficult it may be to connect the pedestrian accident to your injuries. This instance could give the other party’s insurer a leg up when disputing the cause of your injuries, which might prompt them to devalue your claim.
Stick with Your Treatment Plan Until the End
You must adhere to your doctor’s treatment plan. Doing so entails:
- Attending each of your follow-up appointments
- Going to all of your physical therapy sessions
- Taking all prescribed medications
- Consulting specialists to whom your doctor referred you
Once you have completed your treatment and your doctor deems you have reached maximum medical improvement (MMI), you may go back to your normal routine. If you reach MMI before the treatment plan ends, consult your doctor. If you both agree to end your treatment early, have your doctor sign a release form and deliver a copy to your lawyer.
Adhering to your treatment plan is crucial for your health and legal efforts. If you divert from your regimen against medical advice and your condition worsens, the insurer may be unwilling to pay you the damages you are entitled to collect—ultimately blaming you for making your injuries worse.
Be Mindful of the Insurance Company
Expect a phone call from the other party’s insurance representative shortly after the accident. You are not obligated to speak with them, as this call is mainly for their benefit. For example, if they ask you, “How are you?” and you say, “I’m doing well,” they may use this response against you during negotiations and claim that your injuries weren’t that severe.
This is just one of the many tactics they can employ to protect their bottom line. So, if the insurance company contacts you, give them basic information (e.g., your insurance company, address, etc.), and do not discuss the accident. Then, refer them to your lawyer. Our firm is familiar with these manipulative ways and will do everything to protect your right to a fair recovery.
Keep a Journal Regarding Your Recovery from the Pedestrian Accident
The police report, medical records, and photos of the accident scene are all key pieces of evidence that help bolster the value of your case. Even so, getting an insight into how the accident and injuries have affected your personal life will be a great asset.
We encourage you to monitor and track your recovery. Be as specific as you can, and note details, such as:
- Your physical limitations (e.g., if you need assistance getting out of bed, walking to the mailbox, etc.)
- Your mental health (e.g., if you get flashbacks of the accident or anxiety attacks)
- Your agenda for the day and if you were able to complete everything you intended
- Any exercises you did or medications you took to help with pain
- Your pain levels (e.g., if they increase when you do certain activities or different times of the day)
No detail is too small to jot down. We want to get the clearest picture of how the accident has affected you.
Stay off Social Media
Because the aftermath of a traffic accident is such an emotional time, you may want to share what you’re going through with your family and friends online. However, doing so can hurt your case. The insurer may try to find a way to devalue your case and pin some of the blame on you by looking at your online presence.
In addition, no matter how unrelated a picture, video, or status update is to your accident, we urge you to refrain from posting. A simple picture of you enjoying a day at the World of Coca-Cola could prompt an insurance representative to say that you weren’t as hurt as you claimed to be.
Even if it’s private, the insurance company might find a way to access your account. Avoid posting altogether until your injury case has closed.
Connect with Kaine Law to Get Started on Your Atlanta Pedestrian Accident Case Today
Kaine Law has multiple decades of experience helping injury victims in the Atlanta area, and now our team is standing by to see how we can serve you. A lawyer from our firm who handles pedestrian accident cases in Atlanta can manage all the details of your case to focus on your recovery.
Reach out to Kaine Law today at (404) 214-2001 for your free consultation with a member of our team. We can answer your questions, address your concerns, and dispel any misconceptions that you may have about the legal process.