When a pedestrian is involved in an accident, the resulting injuries are often severe. Pedestrians have little to no protection when it comes to accidents involving automobiles. Recovering from a pedestrian accident can be a long and costly process. Securing compensation from the liable party can be critical to getting your life back on track.
At Pacific West Injury Law, we know how devastating a pedestrian accident can be. Our team of Winchester pedestrian accident lawyers will work diligently to help you recover the compensation you need after an accident. Give us a call or fill out our online contact form to get started today.
Assessing Liability in a Pedestrian Accident Lawsuit
When attempting to recover compensation after a pedestrian accident, the first thing you need to do is establish liability. In some cases, determining fault is fairly straightforward. However, much of the time, attempting to figure out who is liable for your damages can be quite difficult.
An experienced pedestrian accident attorney can help you sort out liability and allow you to begin pursuing compensation for your damages.
The Steps of a Pedestrian Accident Lawsuit
There are several steps that must be taken in a pedestrian accident lawsuit. When you hire an attorney, they will begin by launching an independent investigation into your case to determine liability and gather evidence in support of your compensation claim. Upon completion of their investigation, your attorney will assess your damages and calculate the value of your claim.
The next step your lawyer will take will be to draw up the required paperwork and file your lawsuit with the court. They will then go through the steps of the pretrial process, which include:
Discovery is the process of the two parties sharing the evidence they have gathered. This process occurs to ensure a fair trial, where both parties are able to prepare their response to any evidence presented by the other side.
Depositions are recorded testimony given by witnesses and parties involved in the accident. Depositions are taken outside the courtroom and recorded by a court stenographer, with both sides able to ask questions of the deponent. This testimony can potentially be used in court in a variety of ways.
The final step before a case goes to trial is mediation. During mediation, an independent third party will mediate negotiations between the two sides as they attempt to find some common ground and reach an out-of-court settlement that will allow them to avoid a trial and settle the case quicker.
Throughout all of the steps listed above, your attorney will be in contact with opposing counsel as they attempt to negotiate a fair settlement deal. If a deal has not been reached by the end of mediation, your attorney will represent you in a courtroom trial.
Recoverable Damages After a Pedestrian Accident
After suffering an injury in a pedestrian accident, you will likely be able to recover a wide range of damages. These damages are divided into three categories.
Any financial loss you suffer as a result of your pedestrian accident is considered to be a form of economic damage. Common economic damages include:
- Property damage
- Home or vehicle modifications needed to accommodate a disability
- Medical expenses
- Future medical costs
- Lost wages
- Decreased earning ability
The rest of the losses resulting from your accident fall into the much broader category of non-economic damages. Common non-economic damages include:
- Permanent disability
- Scarring and other disfigurements
- Mental anguish
- Diminished quality of life
- Pain and suffering
- Loss of consortium
Punitive damages are only awarded in a small percentage of cases. These damages differ from those mentioned above in that they are not awarded to replace losses suffered by a pedestrian accident victim. Instead, punitive damages serve as a punishment for the at-fault party. Punitive damages are only assessed when the actions of the liable party were criminally negligent.
Make Sure to File Your Pedestrian Accident Lawsuit on Time
In Nevada, the statute of limitations for filing a pedestrian accident lawsuit is two years. However, you should be aware that many things can alter this timeline. Special circumstances in your case could enable you to still file a lawsuit after this two-year period has passed. Alternatively, conditions could significantly shorten the amount of time you have to file.
In order to ensure that your lawsuit is filed on time, you should hire an experienced pedestrian accident attorney as soon as possible after suffering an injury. Your lawyer will be able to identify anything about your case that could affect the statute of limitations and ensure that all deadlines are met.
Pedestrian Accident Attorneys Get Paid for Results
Many people make the mistake of not hiring a pedestrian accident lawyer to help them with their case because they are worried they will not be able to afford to do so. While it is true that many attorneys charge their clients very high hourly rates, this is not the case with pedestrian accident attorneys.
When you hire a pedestrian accident lawyer, you will agree to pay them a fixed percentage of the money you recover from the liable party at the end of your case. This is the only fee that your attorney will collect for their services.
Under this setup, if your lawyer fails to get you money from the liable party, they don’t get paid. On the other hand, your lawyer could be in for a big payday if you receive significant compensation. Either way, you will never have to worry about paying your attorney as their fee is collected directly from the money you recover.
Reach Out to Our Team for a Free Case Review
At Pacific West Injury Law, our team of Winchester pedestrian accident lawyers has the experience needed to best represent your interests in settlement negotiations and in the courtroom. We will do everything we can to ensure you get the compensation you need after an accident.
Give us a call or fill out our online contact form today to schedule a free case review with a member of our team.