Thousands of pedestrians die every year due to being struck by vehicles. Thousands more are injured. Oftentimes, these injuries are to the person’s head, neck, spinal cord, and legs. A person walks away from a pedestrian accident with a future filled with medical bills, surgery, and physical therapy. These unexpected costs can be crippling.
When you believe that the motorist who struck you is at fault for your injuries, you should seek compensation. Reimbursement can vary due to the severity of your injuries and how responsible you were for the accident’s occurrence. Drivers typically are responsible for pedestrian accidents, meaning they can be responsible for covering the costs of the damages. Contact a knowledgeable attorney at Solution Now Law Firm with experience seeking damages in San Mateo pedestrian accidents immediately.
Liability affects a case’s value. The state follows a pure comparative negligence model, which allows a person to recover compensation even if the they are mostly at fault for the accident. That means that if a pedestrian is 99% responsible, they will recover damages equal to one percent. When the pedestrian is totally responsible for the collision, they cannot recover any damages. An experienced attorney will know how liability impacts the total damages one can accrue when they have suffered from a pedestrian accident in San Mateo.
A pedestrian must show a driver is liable by proving the following factors:
Some factors causing a driver’s negligence include speeding, driving under the influence, or distracted driving. When an attorney successfully proves that the other side is liable, the claimant is more likely to receive larger compensation.
There are three types of damages available: economic, non-economic, and punitive.
Economic damages are tangible in that there are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, lost income, and repair costs.
These damages are subjective, as they can include concepts like mental anguish, pain and suffering, and reduced quality of life. It is best to consult with a personal injury attorney who can gauge what kinds of damages a person can successfully seek.
Punitive damages are exemplary and meant to punish the defendant and deter future similar action. They are usually at the court’s discretion. Courts do not often apply punitive damages unless the defendant’s behavior is particularly egregious. Most importantly, this state has a two-year statute of limitations, which allows a person around two years from the date of the incident to file a claim.
A lawyer who adheres to the statute of limitations could file the pedestrian accident case on time so the injured person can receive full damages.
Many factors can affect how much you win when you file a pedestrian accident lawsuit. Who you hire to represent you in court and negotiations with insurance companies matters. Do not let your medical bills and expenses build up without getting legal assistance. Insurance companies will do their best to place blame on you to avoid paying you what you truly deserve, but a lawyer who is knowledgeable in pursuing damages in San Mateo pedestrian accidents cases could help. Contact one of our attorneys at Solution Now Law Firm today.
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