Dealing with a personal injury claim after a pedestrian accident can feel really overwhelming, especially when you’re trying to recover from the trauma of the incident. There are many important steps involved in pedestrian accident claims, such as collecting evidence, understanding local personal injury laws, and negotiating with insurance companies. Thankfully these steps can all be handled by an experienced pedestrian accident attorney.
If you’ve been injured in a car versus pedestrian accident, this blog is here to help you understand the process of filing a personal injury claim. Our pedestrian accident clients are guided through each step of the process, removing stress and worry. Whether your injuries are minor or serious, our goal is to help you feel confident and informed as we work toward a fair outcome for your case.
Navigating a Personal Injury Claim After a Pedestrian Accident
The injured pedestrian may file a personal injury claim against the at-fault party (usually the driver of a vehicle) through their insurance provider. In order to achieve a successful outcome in the form of a fair injury settlement, the plaintiff (injured pedestrian) must typically prove that:
- The driver owed a duty of care to drive safely and obey traffic laws (this applies to all drivers).
- The driver breached that duty by speeding, running a red light, or failing to yield, etc.
- The breach caused the pedestrian’s injuries.
- The pedestrian suffered actual damages such as medical expenses, lost wages, and pain and suffering.
Damages in Pedestrian Accident Claims
The pedestrian may be entitled to various types of damages, including:
Economic damages: Medical expenses (past and future), lost wages, and other out-of-pocket expenses.
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic losses.
Punitive damages: In rare cases of egregious conduct, the pedestrian may be awarded punitive damages to punish the wrongdoer and deter similar conduct in the future.
It is important to understand that Washington State is a comparative fault state. This means that the pedestrian’s damages will be reduced by their percentage of fault. If it is determined that the pedestrian is 20 percent at fault for the accident, their settlement will be reduced by 20 percent. On the other hand, even if the pedestrian is 99 percent at fault, they can still recover one percent of their damages.
Statute of Limitations
Pedestrians must be aware of the statute of limitations, which is the time limit for filing a lawsuit. In Washington State, the plaintiff typically has three years from the date of the accident to file an injury claim. Missing this deadline can bar the pedestrian from recovering any damages.
It is important not to wait right up until the deadline to start your claim. The sooner you seek advice from a pedestrian accident lawyer after the incident, the better your chance of recovering the maximum settlement.
Legal Assistance
Given the complexities involved in pedestrian accident cases, it is often beneficial for the injured pedestrian to seek legal counsel. A personal injury attorney can help navigate the legal process, negotiate with insurance companies, and ensure that the pedestrian’s rights are protected.
Because pedestrian injury cases are a type of personal injury case, law firms typically do not charge any fees up front and are only compensated through the settlement.
Seek the Help of a Pedestrian Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced pedestrian injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
