An attorney from our firm could help you secure financial compensation following a pedestrian accident. If your injuries were significant, you could be facing a significant financial burden. A personal injury lawsuit could represent your best chance at compensation for your injuries.
If you want to take legal action following a pedestrian accident, consider consulting with a law firm first. You might not want to take legal action alone. A single error during your lawsuit could affect your chances of fair compensation. Our Carrollton personal injury lawyer can help hold the driver that struck you accountable.
You Could Obtain Monetary Damages After Your Accident
You could recover compensation for various damages following the successful settlement negotiations of a pedestrian accident. Our attorney will review your case and explain the types of damages you could demand as recovery. In addition to recouping your out-of-pocket losses, you might also be able to recover compensation for your subjective, intangible losses. Examples of economic and non-economic damages you may be able to pursue include:
Pain and Suffering
It can be difficult to put a dollar value on what you experienced in a pedestrian accident. Our firm could make the case that you are entitled to a monetary award for the physical discomfort and emotional distress you endured. Your pain and suffering could also include a loss in the enjoyment of life since your injury.
Medical Bills and Future Health Care
Medical care is often costly, but these expenses can be extreme following a pedestrian accident. Severe injuries are commonplace when motor vehicles collide with pedestrians, and these injuries could require expensive care for the rest of your life. Your personal injury lawsuit could help you recover the cost of surgical procedures, physical therapy, and hospital stays. It could be possible to recover both past and future medical expenses.
Lost Wages, Bonuses, Benefits, and Tips
Missing work is an unfortunate side effect of many pedestrian accidents. Serious injuries could keep you out of work for days, weeks, or even longer. During that time, you could be missing out on paycheck after paycheck. With a personal injury lawsuit, it could be possible to replace those lost wages.
For a free legal consultation with a pedestrian accident lawyer serving Carrollton, call 404-214-2001
Is There a Time Limit to File a Pedestrian Accident Lawsuit?
There is a limit on the amount of time you have to move forward with your pedestrian accident injury lawsuit. Should you file your lawsuit after the deadline expires, the court could be forced to dismiss your case. This deadline—known as the statute of limitations—also impacts your ability to negotiate a settlement in your case. If you are barred by law from pursuing a lawsuit following your pedestrian accident, the insurance companies have no obligation to negotiate with you.
In Carrollton, O.C.G.A § 9-3-33 governs the statute of limitations for personal injury lawsuits. Under the statute, you generally have two years from the accident date to file your lawsuit. Some exceptions could provide you with additional time to file your case, but it is risky to assume they apply in your situation.
Thankfully, our firm is ready to assist you with managing your case. By reaching out to us immediately after a pedestrian accident, we could advise you on the amount of time you have to file your case.
Carrollton Pedestrian Accident Lawyer Near Me 404-214-2001
What does It Take to Prove Negligence?
Suffering injuries in a pedestrian accident does not inherently entitle you to financial compensation. In order for your case to be successful, it is necessary to prove that the motorist who struck you was negligent.
There are four steps to proving negligence in a pedestrian accident lawsuit. These four steps include:
- Duty of care: Drivers generally owe pedestrians a duty to drive safely in their presence.
- Breached duty: Negligence involves a breach of the duty to drive safely.
- Causation: There must be a link between a pedestrian’s injuries and the driver’s actions.
- Damages: A pedestrian must suffer compensable damages to recover a monetary award.
In many cases, proving negligence will come down to establishing a breached duty of care. Even if the other elements are met, the defendant is not responsible for your damages if they did not breach a duty owed to you.
Thankfully for most plaintiffs, the vast majority of pedestrian accidents occur due to errors made by the driver. When drivers violate the right-of-way and strike a pedestrian in a crosswalk, they could face civil liability for the damage they cause.
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Where do Pedestrian Accidents Occur?
Pedestrian accidents can happen at any place where pedestrians and motor vehicles cross paths. However, certain circumstances make these accidents more likely than others. According to the National Safety Council (NSC), 82 percent of all pedestrian accidents occur in an urban setting. Their data also reflects that the vast majority of accidents occur after dark and on the open road as opposed to an intersection or sidewalk.
Even though pedestrians enjoy the right-of-way when crossing the road in a marked crosswalk, careless drivers often fail to avoid a collision. When accidents occur in this way, drivers could be liable for the injuries sustained by the pedestrian. While less common, some drivers lose control and strike passengers off the roadway entirely. This could occur on the shoulder of a busy highway or a sidewalk within a neighborhood. In any of these cases, serious injury could occur as a result.
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Let Our Firm Help You Recover Compensation Following a Pedestrian Accident
If you are living with serious injuries following a pedestrian accident, dealing with a complex civil lawsuit could be the furthest thing from your mind. The good news is that you do not have to deal with the challenges that come with a personal injury lawsuit alone. When you work with our firm, you can focus on your physical recovery while leaving the work of pursuing a civil lawsuit to us.
The attorneys of Kaine Law are prepared to help you pursue the compensation you deserve. To learn how a Carrollton pedestrian accident lawyer might be able to help, call (404) 214-2001 for your free consultation.
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