Why You Need a Pedestrian Accident Lawyer
Pedestrians who are struck by cars face a greater risk of suffering catastrophic injuries. Broken bones or fractures organ damage, trauma or spinal cord trauma, and disfigurement are all common injuries.
A NYC pedestrian accident lawyer will help victims recover compensation to cover future and present rehabilitation costs, medical costs and lost wages due to missed work and other damages.
What to do following a Pedestrian Injury
Even with sidewalks and crosswalks, walking near a street puts you at risk of being struck by a car. When walking across the street or jogging to your car to pick up groceries, pedestrians face the risk of serious injuries and death when struck by a vehicle. If you've been struck by an automobile while walking, it's imperative to act quickly to protect your rights in the legal and financial realm. A New York pedestrian accident attorney can help you navigate through the complex process of filing for personal injury claims.
You should also seek medical attention as soon as possible after a pedestrian collision. This should be done before discussing the incident with any insurance companies. It is crucial to get a doctor's diagnosis and medical examination. Your adrenaline may cover up any signs or discomfort. If you delay seeking treatment, it could significantly hinder your ability to obtain compensation for your injuries and losses.
If you've received medical attention, contact the police and file an official report. Make sure to obtain the name of the officer and badge number, as well as the case number assigned to your particular case. It's much simpler to obtain an exact copy of your police report after it's completed. It's also helpful to write down any additional statements you make to the police officer so that you have a complete, clear overview of what transpired.
If you have an iPhone, be sure to take photos of the scene as well as your injuries. This can be vital evidence to support 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 back your claim, since it is difficult to establish fault without the testimony of other parties involved in the collision.
An attorney will evaluate your claim and determine the types of damages you are entitled to. This could include current and future medical costs, rehabilitative expenses as well as lost wages due missing work, property damages, emotional distress, pain and suffering, and emotional distress. A pedestrian accident lawyer can maximize your compensation by ensuring that all your losses are accurately recorded and properly accounted for.
Establishing Liability
Your lawyer can assist you to identify who is liable for your injuries, and then build an effective defense against the responsible party or parties. They will gather evidence like eyewitness testimony, CCTV footage and police reports to help strengthen your case. They also work with accident reconstruction experts who recreate the scene to determine factors like speed, impact angles, and other factors.
Other parties could be responsible for your injuries even if the driver who hit the pedestrian is typically at fault. This can include the government body that is responsible for road conditions and road safety, if it is established that inadequate lighting or obstruction to views contributed to the accident. You could be entitled, depending on the laws in your state, to a compensation under the no-fault policy of the driver.
Your lawyer can also review any evidence from a hit and run accident and attempt to trace the driver who fled the scene. If you were injured by an impaired driver, it is particularly important to ensure that the driver is accountable for their actions.
It is also important to note that pedestrians can be held accountable in certain states for not exercising security measures for themselves. In New York for example, pedestrians are required to obey traffic signs and signals and be vigilant in areas where there is an abundance of traffic. If a judge determines that you are at fault for your accident, your damages could be reduced in proportion to the amount of your fault.
Your NYC pedestrian accident lawyer can assist you in obtaining compensation for current and future medical expenses, lost wages due to missed workdays as well as suffering and pain, property damage and other losses you've sustained. They will collaborate with top industry experts to accurately assess your losses in order to reflect the full impact of your accident on your life. They can also negotiate with insurance companies to ensure you are paid in a fair manner and don't become a victim to fraudulent tactics. They can even manage interactions with insurance representatives so that you aren't forced to accept less than you deserve.
How to File a Claim
Pedestrian accidents can be complicated and difficult to navigate without an experienced attorney. It is not always obvious which option to pursue an injury claim or sue for damages. A wrong decision can result in a devastating financial burden. For example choosing to settle with an insurance company may seem like a good option after being struck by a car, however the reality is that their offer may not fully cover all of your losses.
The first step is to seek immediate medical attention for your injuries. It is essential to document the severity of your injury and its consequences like physical pain, emotional distress, and loss of quality. It is also important to keep track of any expenses that result from the accident, such as medical bills, lost wages due to absences from work and property damage.
Next, you will need to submit an insurance claim to the owner of the vehicle or driver's insurer. In states with no fault, the driver's personal injury protection coverage, which is usually part of every insurance policy for cars, will cover the pedestrian's injuries regardless of who was responsible for the accident. In certain instances, the pedestrian may be covered by their own auto insurance, depending on what type of insurance they have.
It is crucial to consult with a New York pedestrian accident lawyer before filing any kind of insurance claim. Insurance companies are not only experts in settlements for claims that are less than what they're worth, but they also know how to spot loopholes in the law that can hinder you from recovering all of your losses.
An experienced and knowledgeable pedestrian accident lawyer from Shaevitz & Shaevitz can help you decide which option to pursue for the recovery of your losses. We will review any settlement provided by the insurance company to ensure that it will cover your losses including medical bills, lost wage from missed workdays and emotional distress and the cost of rehabilitation. In certain cases we can also help in seeking compensation from other parties who could be liable for your losses, such as the city for poorly-designed pedestrian crossings and sidewalks or a company if an driver on duty hits you.
Recovering Compensation
Being struck by a car is a life-changing and shocking event. It can result in significant medical bills and a loss of earnings due to the absence of work. There may be persistent emotional pain and suffering. You require an attorney who can help you get the most compensation. A lawyer with experience in pedestrian accident cases is the best choice because they know how to determine the total amount of damages you should be entitled to and how to handle insurance companies that attempt to reduce or deny your claim.
A NYC pedestrian accident lawyer who has experience can gather evidence in court to prove that pedestrians have the right of way in many traffic situations. They will use witness testimonies, video footage, and police reports to build an argument that is strong on your behalf. This will give you the best chance of recovering the amount you deserve to pay for medical expenses as well as lost wages and other damages caused by the crash.
A lawyer's help is the only way you can get the compensation you need to cover your losses after being struck by a vehicle as a pedestrian. Your lawyer will also protect you against being taken advantage of the insurance company of the driver who was at fault and negotiate an appropriate settlement for you.
Based on the nature of your injuries, you could be eligible to receive compensation for your non-economic and economic damages. Economic damages include the cost of medical expenses and your lost income, while non-economic damages cover your pain and suffering.
New York is an insurance no-fault state. This means that any claim for injury must be reported to the car insurance company of the driver who is at fault. However, if your injuries meet the serious threshold for injury, you can sue the driver directly for their negligence.
It is recommended to contact a pedestrian accident lawyer immediately following your collision, because the time limit for filing a claim is extremely short. An experienced and qualified lawyer will guide you through the process of filing an injury claim and will ensure that you have all the required evidence ready before the deadline expires.