Why You Need a Pedestrian Accident Lawyer
Pedestrians who are hit by cars face a greater risk of suffering catastrophic injuries. Fractures or broken bones, organ damage, traumatic injuries, spinal cord trauma and disfigurement are all typical injuries.
A competent NYC pedestrian accident lawyer can help victims recover compensation for their current and future medical expenses, rehabilitation costs, lost income due to absence from work and other damages.
What to do following a Pedestrian injury
Even with crosswalks and sidewalks, walking near a road puts the risk of being struck by a car. If you are walking across the street, or jogging back to your car after a shopping spree, pedestrians can suffer serious injuries or death if struck by the vehicle. If you've been hit by the vehicle while walking, it is important to act immediately to protect your legal and financial rights. An experienced New York pedestrian accident lawyer can help you navigate the complex process of filing a personal injury claim.
It is also essential to seek medical attention immediately after a pedestrian accident. This should be done prior to discussing the incident with any insurance company. Your adrenaline could mask any symptoms or pain, so it is essential to get a medical exam and diagnosis from a doctor. The delay in seeking treatment could hinder your ability to claim compensation for the losses or injuries you sustained.
After you have sought medical attention, call the police and file a report. You should obtain the name of the officer who was responsible, his badge number, and the case number assigned. Independence will make it easier to get a copy of the police report once it's completed. Make a note of any additional statements you give to the police officer to ensure you have the complete report.
If you have an Android phone, make sure you snap photos of the scene as well as the injuries. This can be crucial evidence to back up your claims. Lastly, try to get the names and contact numbers of any witnesses present at the scene of the accident. This can be a valuable evidence to support your claim, as it is difficult to establish fault without the testimony of the other parties involved in a collision.
An attorney will evaluate your claim and determine what types of damages you are entitled to. They can include future and present medical expenses, rehabilitation costs, lost wages due to missed work, property damages emotional distress, pain and suffering, and emotional distress. A pedestrian accident lawyer can maximize your compensation by making sure that all your losses are accurately documented and accounted for.
Establishing Liability
Your lawyer can assist you in determining who is accountable for your injuries, and assist you in constructing a strong case against the person or parties responsible. They will collect evidence like eyewitness testimony, CCTV footage and police reports to support your case. They also collaborate with accident reconstruction experts who can recreate the scene to determine factors such speed, impact angles and more.
While the at-fault party in a pedestrian accident is typically the driver that hit you, other parties could be liable for your injuries. If it is proven that poor lighting or an obstruction to vision contributed to the accident, then you could also sue the government agency responsible for road conditions. In accordance with the laws of your state, you may be entitled to compensation from the insurance policy of the driver's no-fault.
Your lawyer may also look over any evidence from a hit and run accident, and then try to locate the driver that fled the scene. If you were injured by drunk driver, this is especially important to ensure that the driver is accountable for their actions.
It is also important to note that pedestrians could be held accountable in certain states for failing to exercise care for their own safety. In New York, for example pedestrians must follow traffic signals and signs and remain vigilant in areas with a high volume of traffic. If a judge determines that you contributed to your accident in any way, your damages may be reduced by a percentage proportional to the amount of fault.
Your NYC pedestrian accident attorney can help you obtain compensation to pay for any medical expenses you might have suffered, including future ones, lost earnings due to working hours missed as well as suffering and pain. They can also assist you in obtaining compensation in the event of property damage or other damages. They will collaborate with experts in the field to accurately estimate your losses, so that they reflect your accident's full impact on your life. They can also negotiate with insurance companies to ensure you are paid the right amount and do not fall prey to bad-faith tactics. They can also manage your interactions with insurance agents so that you don't have to settle for less.
How to Claim a Claim?
Pedestrian accidents can be complicated and difficult to navigate without the help of a seasoned attorney. It is not always obvious whether to file an injury claim or sue for damages. A wrong decision can have devastating financial implications. For example, settling with an insurance provider may seem like a sensible option after being struck by a car, but typically, their plans do not cover all your losses.
Your first step should be to seek immediate medical attention to treat your injuries. It is crucial to document the severity of the injury and the effects it has on you, such as physical pain, emotional distress, and loss of quality. It is also beneficial to keep track of any costs you incur as a result of the accident, like medical bills, lost wages due to absences from work and property damage.
You will then need to submit a claim to the vehicle owner or insurer of the driver. In states that are no-fault, the driver's personal injury protection coverage typically forms included in every insurance policy for cars will take care of pedestrian's injuries, regardless of who is at fault for the incident. In other cases the pedestrian's auto insurance may be covered, based on the type of car insurance coverage.
Before filing any type of insurance claim, it's essential to speak with an New York pedestrian injury lawyer. Not only are insurance companies experts at settlements for claims that are less than they are worth They are also aware of how to find loopholes in the law that could stop you from recovering the full amount of your losses.
Shaevitz & Shaevitz, an experienced pedestrian accident lawyer will assist you in determining the best way to recover your losses. We can evaluate any settlement offer made by the insurance company and make sure that it's sufficient to compensate you for your damages that include medical expenses and lost wages due to missed workdays as well as emotional distress, and the cost of rehabilitation. In certain cases we may also be able to assist with seeking compensation from other parties who might be liable for your losses, like the city for poorly-designed sidewalks and crosswalks or a company if an on-duty delivery or ride-share driver strikes you.
Recovering Compensation
A car crash can be a life-changing event. You could be required to pay for medical bills that are expensive and lose money due to missed work. There is also the possibility of constant emotional and physical pain. If you are in this situation you should consult an attorney who can help you recover the maximum amount of compensation you are entitled to. A lawyer with expertise in pedestrian accident cases is the best option since they understand how to calculate the full amount of damages you should be entitled to and how to deal with insurance companies that try to deny or reduce your claim.
A NYC pedestrian accident attorney who is experienced can gather evidence in court to demonstrate that pedestrians have the right of way in many traffic situations. They will utilize video footage along with police reports and witness testimony to build an argument that is solid for you. This will give you the best chance of recovering the compensation you deserve for your medical bills as well as lost wages and other damages resulting from the accident.
Employing a lawyer is the only way to get the compensation you need to cover your losses after being hit by a car as pedestrian. A lawyer can also protect you from being a victim by the insurance company of the driver at fault and negotiate an appropriate settlement for you.
Depending on the nature of your injuries, you might be eligible to receive compensation for your economic and non-economic damages. Economic damages are the amount of medical expenses as well as the loss of your income, whereas non-economic damages are based on your pain and suffering.
New York is an insurance no-fault state. This means that any injury claim must be reported to the car insurance company of the driver who is at fault. If your injuries are serious, you can sue directly the driver for their negligence.
It is recommended to contact an attorney for pedestrians immediately following your accident, since the statute of limitations is very short. A knowledgeable and experienced lawyer can guide you through the process of filing an injury claim and ensure that you have all the necessary evidence ready before the deadline runs out.