Pedestrian lawyer specializes in handling the case of the victim who has suffered from injuries or death in a pedestrian lane accident. Thus, having been a victim of a pedestrian accident would make your life miserable if you haven’t functioned in life. If you have severe injuries that you are unable to work or enjoy life because of the accident.

And you want to get money because of the situation you have been through, no worries because there is a pedestrian lawyer that will help you process your pedestrian accident case and make sure you recover in your suffering while the lawyer processes your case according to Stewart Law Offices. Here are the steps on how to file a compensation claim:

Seek Medical Attention and Document Injuries

The most important and first thing to do after a pedestrian accident is to have a medical check-up as soon as possible, even if the injuries appear minor initially. Injuries such as internal bleeding or traumatic brain injury may not immediately be noticed but are serious if they are not treated. Having a medical check-up not only leads to the right treatment but also provides you with important documents that are prima facie evidence in seeking compensation.

Records from a doctor, doctor’s notes, hospital reports, X-rays or MRI scans, and prescriptions all serve to establish the extent of the injuries and how the injuries correlate to the accident. Insurance companies can also have the perception that the injuries were not severe or not connected with the accident without proper medical documents, and this can reduce compensation. A pain diary to record pain, emotional upset, and an inability to perform activities of daily living can strengthen a claim even further.

Gather Evidence from the Accident Scene

Strong evidence is needed to determine who is responsible and receive the highest amount of compensation. If possible, the injured pedestrian or witness should take photographs and videos of the accident scene, including the car involved, traffic lights, crosswalks, tire skid marks, and any visible wounds. Witness testimony is also useful because bystanders might have witnessed the reckless behavior of the driver, e.g., speeding, running a red light, or texting.

If the pedestrian is unable to obtain evidence because of severe injuries, a lawyer or investigator can obtain it later. Video footage from nearby stores, street cameras, or dashcams can also be useful. Having a copy of the official police report is also useful because it contains details about the accident, the involved parties, and tickets issued to the driver. All this evidence makes a strong case for a claim of compensation.

Determine Liability and File a Compensation Claim

Strong evidence is needed to determine who is responsible and receive the highest amount of compensation. If possible, the injured pedestrian or witness should take photographs and videos of the accident scene, including the car involved, traffic lights, crosswalks, tire skid marks, and any visible wounds. Witness testimony is also useful because bystanders might have witnessed the reckless behavior of the driver, e.g., speeding, running a red light, or texting.

Negotiate a Fair Settlement

Insurance companies usually give an initial low amount that is nowhere near what the injured pedestrian actually needs. Taking this low amount without consulting a lawyer could bring money problems, as it may not be enough to cover all the medical bills, lost wages, and long-term recovery costs. This is where a pedestrian lawyer comes in very useful.

The lawyer will analyze all the damages the pedestrian suffered—such as medical bills past and future, lost wages, pain and suffering, and emotional distress—and negotiate hard with the insurance company for a fair payment.

Representing to Court (if failed in negotiation)

If negotiations fail, the second step to receive fair compensation is to sue. The attorney will draft and file a complaint against the liable party, describing the injuries incurred, the damages claimed, and the basis of the lawsuit. The process of the lawsuit involves discovery (exchange of evidence between the parties), depositions (sworn testimony of witnesses), and pre-trial motions.

Throughout this period, the insurance company can still offer a settlement to avoid trial, particularly if the evidence is in the pedestrian’s favor. If a fair settlement cannot be reached, the case will proceed to court, where a judge or jury will render a verdict.

Conclusion

Receiving compensation in a pedestrian accident claim requires thorough records, good legal assistance, and intelligent negotiation. From receiving medical treatment and gathering evidence to negotiating with insurance firms and potentially suing, every step is highly critical to receiving the money you are entitled to. Insurance firms do not pay as much, but with good legal assistance, pedestrians can negotiate for what they are entitled to.

Through a settlement or court decision, receiving compensation is vital to paying for medical expenses, lost wages, and recuperation. If you or a friend or relative has been involved in a pedestrian accident, retaining an experienced pedestrian attorney can significantly enhance the chances of receiving a favorable outcome.