When a pedestrian is involved in an accident, the injuries they suffer are often severe due to the lack of protection they have during a collision. Recovering compensation can be essential when you can’t work because of an injury and are faced with expensive medical bills.
At Pacific West Injury Law, we know the challenges faced by pedestrian accident victims. Our team of pedestrian accident lawyers in Spring Value have a proven track record of helping victims recover the compensation they need and deserve. Contact us today to schedule a free case review by using our online contact form or by giving us a call.
Assigning Liability After a Pedestrian Accident
Before you can file a lawsuit and pursue compensation for your damages after an accident, you must first determine who is liable. In some cases, determining liability is simple and straightforward. However, quite often, it can be a confusing process, and figuring out who is liable without the help of an experienced pedestrian accident attorney can prove challenging.
What Happens During a Pedestrian Accident Lawsuit?
There are several steps in the process of filing a pedestrian accident lawsuit. After you hire a pedestrian accident attorney, they will immediately get to work to minimize the amount of time you have to wait to recover compensation from the liable party. Your attorney will first investigate your accident to determine who is liable and collect evidence to support your claim.
Once your attorney has completed their investigation, they will assess your damages and determine the value of your claim. They will then submit all the proper paperwork to file your claim with the court. After filing your lawsuit, the next step will be to go through the pretrial process. This process includes:
In the discovery phase, both parties will share the evidence they have accumulated. This exchange of evidence is crucial to ensuring a fair trial. The law requires that both sides get the chance to examine all evidence so that they are prepared to present their case related to that evidence in court.
At the conclusion of discovery, depositions are given. Depositions are recorded testimony from witnesses and parties directly involved in the crash. Depositions are given outside the courtroom, with a stenographer present to record the proceedings. Any testimony given in depositions may potentially be used at trial.
The last step in the pretrial process is mediation. During mediation, the two parties will meet at a neutral location where an independent third party will preside over negotiations. The mediator will attempt to help the two parties find a mutually acceptable settlement agreement that will enable them to avoid a trial.
From the moment you hire a pedestrian accident attorney, they will be in negotiations with opposing counsel working to negotiate a settlement deal. If at any point a deal is reached, your case will end, and you’ll be able to recover the agreed-upon compensation.
However, if a settlement is not reached by the end of mediation, your case will go to trial, where your lawyer will represent you.
Pedestrian Accident Lawyers Collect a Results-Based Fee
People often worry that they will not be able to afford to hire an attorney after getting in an accident. Unfortunately, this leads many accident victims to attempt to represent themselves instead of obtaining legal counsel. In reality, you shouldn’t have to worry about the cost of hiring a pedestrian accident lawyer because they typically work on a contingency fee basis.
Unlike many other types of attorneys who charge a high hourly rate, a pedestrian accident lawyer will only charge a single fee, which will be entirely based on results. When you hire a pedestrian accident attorney, you will agree to pay them a fixed percentage of the compensation you recover from the liable party.
With this contingency fee-based payment system, your lawyer’s fee grows as the amount of your compensation increases. Alternatively, if they fail to secure you compensation, they won’t get paid. Under this arrangement, you can feel confident that your attorney will work diligently to ensure you collect as much compensation as possible.
Recoverable Damages After a Pedestrian Accident
When you get injured in a pedestrian accident, you will likely be eligible to recover a wide range of damages. Recoverable damages can be grouped into three primary categories.
Economic damages are any losses you suffer that directly impact your financial situation. Common economic damages include:
- Medical expenses
- Future medical bills
- Lost wages
- Decreased earning capacity
- Property damage
- Modifications to your home or vehicle necessary for accommodating a disability
Non-economic damages are all the rest of the losses you suffer as a result of your pedestrian accident. Common non-economic damages include:
- Pain and suffering
- Permanent disability
- Scarring and other disfigurements
- Loss of consortium
- Diminished quality of life
- Mental anguish
Punitive damages are quite different from the compensatory damages listed above. These damages do not replace any losses suffered by the accident victim. Instead, they are meant as a form of punishment for the liable party. Punitive damages are only awarded in extreme cases where the at-fault party acted in a manner deemed to have been criminally negligent.
Statute of Limitations for Filing a Pedestrian Accident Lawsuit in Spring Valley
Under Nevada law, pedestrian accident victims generally have two years to file a lawsuit after suffering an injury. Failure to file before the two years have passed could result in the loss of your right to recover compensation. However, it is critical to note that there are many exceptions to this time limit, and you may still be eligible to file a lawsuit after the two-year deadline.
At the same time, exceptions may also further limit the amount of time you have to file your lawsuit. You may find that you only have months to file rather than years. The best way to ensure your claim gets filed on time is to hire an experienced pedestrian accident lawyer as soon as possible after your accident.
Contact a Pedestrian Accident Attorney in Spring Valley Today
At Pacific West Injury Law, we are committed to providing accident victims with the resources and representation they need to recover fair compensation after an accident. Our team of pedestrian accident lawyers in Spring Valley will work hard to ensure you get justice. Give us a call or fill out our online contact form to schedule a free case review today.