San Jose Pedestrian Accident Settlements

San Jose Pedestrian Accident Settlements

Whenever a pedestrian gets hit and injured by a negligent driver in California, that pedestrian has the right to file suit against that driver. If necessary, that person could take their case all the way to a civil courtroom to receive their rightful damages for their accident-related losses. In practice, though, most cases like this do not make it to court. Instead, they end with a private settlement agreement made between the injured person and the “defendant” named in their civil claim or the defendant’s insurers.

When you want to recover a fair amount in this type of claim, you must understand how to handle San Jose pedestrian accident settlements in a proactive and effective way. Fortunately, an experienced pedestrian accident attorney at the Solution Now Law Firm could provide you with that guidance. Our team aims to put your needs first and has years of experience negotiating great settlements without anyone needing to go to court.

How to Deal with Insurance Adjusters Effectively

After a driver injures a pedestrian in a traffic accident, an adjuster from the driver’s insurance company will generally contact the claimant by phone within days of the incident. In addition to visiting the scene of the crash and observing the damage sustained by the vehicle(s) involved, the adjuster will also want to interview the injured pedestrian and ask questions about exactly what happened and exactly what injuries they are dealing with, in anticipation of later negotiating a settlement with the injured person.

While it is not necessarily a bad thing to speak with an insurance adjuster after a pedestrian crash in San Jose, it is vital to be both truthful and careful when doing so, especially when discussing settlements. These adjusters work for the insurance company and tend only to prioritize their employer’s interests. Sometimes, even one poorly phrased answer to a leading question or unnecessary detail added to an explanation could give them all the excuses they need to offer a lowball settlement or reject the injured person’s claim altogether.

What to Include in a Pedestrian Accident Settlement Demand

It is also worth emphasizing that no matter what an adjuster claims during an interview or other conversation, injured people in pedestrian collision in San Jose are under no legal obligation to agree to a settlement quickly. Many of the losses that an incident like this can cause will not fully manifest for months or even years after the actual collision, including things like:

  • Physical pain and suffering
  • Lost enjoyment/quality of life
  • Emotional anguish and distress
  • Lost working and earning capacity
  • Long-term medical expenses, including things like physical therapy and assistive equipment

An attorney could help identify all “recoverable damages” for a particular person, assign those damages a fair financial value, and negotiate for a settlement that accounts for those damages within the filing deadlines prescribed by state law.

Get Help from a San Jose Attorney with the Pedestrian Accident Settlement Process

Obtaining a fair San Jose pedestrian accident settlement can be both a high-stakes and exceptionally complex endeavor. Even if it seems obvious to you that someone else is responsible for hitting you with their car, compelling them or their insurance provider to compensate you for the injuries typically requires extensive legal knowledge and experience applying that knowledge.

At the Solution Now Law Firm, we would provide streamlined communication, a quick turnaround, and associates who know exactly how to fight against them on behalf of accident victims. Call today to book a consultation with one of our attorneys.