Why You Need a Pedestrian Injury Lawyer on Your Side
Stress, trauma, and pain and suffering all set in after a pedestrian accident occurs. In addition to support from top medical teams and caring friends and family, you need support from a pedestrian injury lawyer if you’ve been hit by a car.
A pedestrian injury attorney will make sure that you get all the compensation that you deserve by negotiating with insurance companies and other attorneys. Without a Springfield pedestrian accident lawyer on your side, it’s too easy to miss out or be pushed into accepting less money than your case is worth. As a result, you might suffer financially (on top of physical and mental anguish) for years to come.
After suffering an accident, you aren’t alone. Let a pedestrian accident lawyer at the Cava Law Firm handle the claims and compensation process, taking the burden of negotiations and paperwork off your shoulders.
By working with the Cava Law Firm’s pedestrian accident lawyers in Springfield, our legal team will:
- Listen to your story and learn about your case and needs in order to pursue the best outcomes and provide solid legal advice
- Work to understand the details of the accident by consulting eyewitnesses, expert witnesses, and others who can provide information about what really happened
- Review your medical evaluations and bills to ensure that your injuries and future medical expenses can be covered
- Handle inquiries and negotiations with insurance companies and their attorneys
- Prepare your case and make sure your claim covers all damages that you’re owed.
How A Pedestrian Injury Attorney Can Help Prove Negligence
Following almost any accident, it’s necessary to show that another party was negligent and that their negligence caused the accident that led to your injuries. Your Springfield pedestrian accident lawyer will be essential to demonstrating another party’s negligence.
If you’ve been struck by a car while walking, the driver or defendant might still try to pin the blame on you. And while there are situations in which a pedestrian could be at fault for an accident, a pedestrian accident lawyer can work to demonstrate the necessary steps proving negligence:
- A duty of care was owed to you;
- This duty was breached;
- As a result, you suffered injuries and damages;
- The defendant’s negligent actions caused the harm you experienced.
Essentially, drivers must use caution when behind the wheel. When they fail to exercise caution, they’re often acting negligently, which can result in accidents. Proving such negligence will be essential to your successful case.
Which Damages Can Be Compensated After a Pedestrian Accident?
Even small automobiles are much more massive than a person’s body. So, when collisions occur, pedestrians can be easily hurt. At the very least, a pedestrian accident victim should not have to pay for the resulting bills and potential financial strain caused by an accident that was not the victim’s fault.
However, in many cases, there’s additional compensation available other than covered medical bills. A pedestrian injury can thoroughly evaluate your case to determine additional damages. Being in a pedestrian accident can significantly affect your livelihood, and not for the better. That’s one reason that a Springfield pedestrian injury attorney will be crucial to your case. You deserve the most compensation available in order to face the financial and physical and mental hardships that result.
Compensation following an accident case often covers:
- Medical treatment, including doctors’ bills, physical therapy sessions, procedures, prescriptions, and future medical expenses
- Lost wages, including lost future wages and compensation for diminished work ability if you’re unable to perform the same job due to injuries
- Pain and suffering, which includes both physical pain and also mental hardship and compensation for the effects of trauma
- Wrongful death, if an accident proved fatal. Victims’ families can recover compensation for wrongful death, including funeral expenses, compensation for loss of companionship and household income, and other damages.
Can a Pedestrian Be Blamed for an Accident?
Even though it’s commonly said that pedestrians always have the right of way, in some cases that’s not true. As with motorists, pedestrians must use caution while walking, especially in the presence of moving vehicles. Pedestrians are not permitted to jaywalk or cross against traffic signals. They should also walk facing traffic and not walk in any areas, like highways or certain bridges, where pedestrians aren’t permitted.
Insurance companies may try and quickly blame a pedestrian for an accident, minimizing coverage. Don’t let them. Let a pedestrian accident lawyer help make a strong case for you.
Pedestrians should also remain alert. Walking while watching videos on your phone with your headphones plugged in, for example, is not recommended. If a pedestrian acted negligently, even an accident victim could be seen as being at fault or partially at fault for an accident involving a moving vehicle. Regardless, it’s important to get to the bottom of what really happened, which a pedestrian injury lawyer can do.
Pedestrian Accident FAQ
Many factors affect the worth of your case. Cases involving more seriously injured victims tend to have higher values, as compensation is based in part on the amount of treatment required and the extent of pain and suffering experienced. An injury that interferes with your ability to work and generate income also typically increases case value.
There’s really no way to initially know your case’s value without going over details with an experienced personal injury lawyer.
In Massachusetts, the deadline to file a case (also known as the statute of limitations) after a pedestrian accident is three years from the accident date. If you think you have a case, the sooner you begin the filing process the better. Cases often take months to resolve, so don’t put unnecessary time pressure on your case.
During a hit-and-run case, a driver who fled the scene will likely face criminal charges if found. However, a personal injury case cannot be filed against an unknown driver. You may be able to receive compensation through your insurance policy’s uninsured motorist coverage or a similar means, however. A Springfield pedestrian injury attorney can help figure out your best path to compensation in such situations.
Even though insurance companies are supposed to cover you in the event of an accident, insurance adjusters often try to present as low a compensation offer as possible after a claim has been filed. It can be easy to accept money given to you when facing medical bills and other debts, but initial offers rarely cover the extent of your damages.
Instead of accepting an insurance company’s settlement offer, speak with a pedestrian injury attorney. Your case is likely worth much more than what an insurance company will offer initially. You owe it to yourself not to face financial hardship caused by someone else’s negligence.
Massachusetts follows comparative negligence laws, which means that injury victims’ compensation can be reduced by the extent that they’re at fault for the accident. If, for example, a pedestrian was distracted when an accident occurred, and this distraction was ruled as 40 percent to blame for an accident, compensation would be reduced by 40 percent. So, a case worth $100,000 would pay out $60,000 in compensation. If an accident victim is found to be 51 percent or more at fault for an accident, compensation cannot be recovered.