Los Angeles Pedestrian Accident Attorney
Experienced attorneys who get results.
The Importance of Early Legal Consultation for Pedestrian Accidents
Before initiating any conversations with insurance companies following a pedestrian accident, consulting a lawyer should be your first step. Insurance entities are known for their attempts to settle claims with minimal payouts, but a lawyer will advocate for your right to a just compensation that truly addresses your needs for recovery and rehabilitation.
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Legal Insight: Lawyers bring a wealth of knowledge regarding traffic regulations and the legal system, ensuring your case is handled with expertise.
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Skillful Negotiations: Experienced in negotiating with insurance companies, attorneys work diligently to secure a fair settlement that reflects the true value of your claim.
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Comprehensive Compensation: An attorney will thoroughly assess the full extent of your damages, including medical expenses, lost wages, and emotional suffering, aiming to maximize your financial recovery.
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Handling Legal Proceedings: From filing claims to representing you in court if necessary, your lawyer manages all aspects of your legal journey, allowing you to focus on healing.
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5 Key Actions to Take After a Car Accident in California
Call 9-1-1
First and foremost, you need to call the police and medical personnel. Even if you seem uninjured. An official police report is a critical step in getting fairly compensated for any injuries or damage.
Get Medical Assistance
If you're involved in a significant pedestrian accident, it's crucial to seek medical attention or an assessment from medical staff present at the scene immediately. Ensure that any injuries you sustain are fully communicated to the emergency responders and the police officer documenting the incident, emphasizing their seriousness. The adrenaline surge following an accident may cause victims to minimize or miss their injuries initially. It's common for individuals who initially feel okay after an accident to experience severe pain later on. Avoid claiming you are uninjured until after a thorough medical evaluation.
Collect Information
After ensuring your immediate medical needs are addressed, it's crucial to collect information and documentation from all involved parties. Utilize your smartphone or a pen and paper to record the names, addresses, phone numbers, and driver’s license numbers of everyone involved. Take photographs of the license plates of the vehicles involved using your smartphone. Additionally, if you're able, photograph the accident scene, including the vehicles, their condition, and any landmarks or road signage that can help identify the location of the accident, such as nearby landmarks or highway mile markers.
Consult A Pedestrian Accident Lawyer
Call Blair & Ramirez LLP before you talk to any insurance representatives. We can advise you on what to tell insurance adjusters and conduct our own investigation on the accident and what happened. California’s Comparative Negligence Law means that your compensation for your injuries could be limited by an adjuster finding you partially at fault for the accident.
Contact Insurance Providers
After consulting with your lawyer, they'll inform your insurance provider about the accident. Your lawyer can speak directly with the provider to protect your interests.
Pedestrian Accident Claim Process
Notice of Representation:
Your attorney will notify the at-fault party's insurance company of your intention to file a claim for any injuries sustained in the pedestrian accident. The insurance company will then provide a claim number and assign an adjuster to your case.
Recorded Statements::
The insurance adjuster may request a recorded statement from you regarding the accident. It's crucial to be cautious during this step, as adjusters are skilled in asking questions that could weaken your claim. Always consult with your attorney before providing any statements.
Medical Treatment and Documentation:
If the pedestrian accident results in injuries, the responsible party's insurance is expected to cover your medical expenses. Should you carry personal injury protection or medical payments coverage, you might also have the option to use your insurance for initial costs.
Initial Settlement Offer:
The insurance adjuster might quickly extend an offer to settle the claim. These early offers are generally low, aimed at resolving the case economically. It's advisable to wait until you've fully recovered or reached maximum medical improvement before considering any settlement offers.
Negotiating the Settlement:
Once your treatment is complete, and you've fully understood the extent of your injuries and future medical needs, begin negotiations by sending a demand letter, including relevant medical records and documentation of expenses, to the at-fault party's insurance company.
Achieving Final Settlement:
Following negotiations, a settlement agreement is usually reached. After signing the settlement documents, the agreed sum should be disbursed to you within an agreed period, often a few weeks.
Litigation:
If a satisfactory settlement cannot be reached through negotiations, you have the option to escalate the matter through arbitration or proceed with a lawsuit against the at-fault party for personal injury. This step involves formal legal action and can lead to a trial, where a judge or jury will determine the outcome of your compensation claim.
Calculating Compensation for a Pedestrian Accident
Here's a straightforward method to estimate your compensation from a pedestrian accident:
- Gather Expenses: Start by tallying all your costs related to the pedestrian accident, such as medical expenses, lost wages, and any other related expenditures.
- Assess Pain and Suffering: For the pain and suffering resulting from the pedestrian accident, multiply your total expenses by a factor of 1 to 5, considering the severity and impact of your injuries.
- Estimate Total Compensation: Combine your calculated expenses with the amount for pain and suffering to get an approximation of the overall compensation you could anticipate receiving from the accident.
Key Factors Influencing Compensation in a Pedestrian Accident
- Fault and Liability: Your potential compensation can be impacted if you are found to be partially responsible for the pedestrian accident. In certain areas, being deemed more responsible than the other party may exclude you from receiving any compensation.
- Evidence of Expenses: Presenting thorough documentation of your incurred expenses from the pedestrian accident, such as medical receipts, can significantly increase your compensation prospects.
- Severity of Injuries: Generally, less serious injuries lead to lower compensation amounts, especially concerning pain and suffering. On the other hand, significant injuries necessitate an extensive evaluation, often requiring the assistance of a legal professional.
- Insurance Considerations: The compensation you receive may also depend on the insurance situation of the party at fault. If their insurance coverage is inadequate, your own insurance policy may provide additional support under certain conditions.
Understanding Your Case
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