Here’s How Injured Pedestrians Can Get Compensated For Their Damages
No one assumes walking on the curb is a high-risk activity. But the truth is pedestrians underestimate how vulnerable they are on the road. You may have to pay the price even if you follow all the road safety rules while walking outside.
You can’t anticipate the negligence of a motorist. They may get away with a minor bump on their vehicle while you are hospitalized for weeks. However, you shouldn’t let them get away with their negligence. You can take legal action against them to demand rightful compensation for your injuries and damages. An experienced Henderson pedestrian accident lawyer from Anthem Injury Lawyers is the team you need in this hour of crisis to take charge of this legal process and maximize your settlement.
Understanding Pedestrian Accidents in Henderson
Here are the most common causes of pedestrian accidents in Henderson:
- Speeding
- Driver distraction
- Ignoring traffic signals
- Failing to yield the right of way
- Unmarked crosswalks
- Weather conditions
- Intoxication
- A trip on cracked or uneven walkways
- Slip and fall
- Hit by a car
- Wildlife or pets involved
- Tripped on rock or stone
- Stepped in holes, pits, or dips
Nearly 72 pedestrians lost their lives in Nevada in 2022. It marked a 10.7 percent increase in pedestrian fatalities from 2021. Motorists usually suffer minimal damages when they’re involved in pedestrian accidents. However, even a low-speed collision can lead to severe injuries for pedestrians.
Benefits of Hiring a Pedestrian Accident Attorney in Henderson
Going through a legal process can be a stressful and time-consuming experience for most people, especially when you’re struggling to recover after an injury.
You need a trusted and skilled pedestrian accident lawyer to stand up for your rights when it matters the most. They can help you secure a settlement that’s at least three times more than the offer you’d get without any legal representation.
Here are the biggest benefits of hiring a pedestrian accident attorney for your case:
- Skilled investigation of accidents to prove liability beyond doubt
- Evaluation of long-term injury effects to accurately calculate your damages
- Expertise in handling insurance companies and potential blame-shifting
- Willingness to negotiate for a settlement or take the case to trial
- Proactive communication to update you about your case progress
- Relieving you of all legal burden so you can focus on your recovery
Types of Compensation for Seriously Injured Pedestrians
You must maintain a clear and presentable record of all your expenses tied to the accident. It will allow your lawyer to accurately calculate your damages and draft a demand letter that truly covers your losses.
So don’t let your compensation demand be a guessing game. You’ll need every piece of evidence to build your claim and every dollar to support your recovery.
Here are the types of compensation you can seek if you’ve been injured as a pedestrian:
- Medical bills
- Lost income and diminished earning capacity
- Property damage
- Mental anguish
- Pain and suffering
- Disability and its long-term implications
- Punitive damages
Nevada’s Statute of Limitations for Pedestrian Personal Injury Claims
The statute of limitations determines how long you have to take legal action against the defendant. In Nevada, you generally have two years to file a personal injury lawsuit. If your loved one died in a fatal pedestrian accident, you typically have two years to file a wrongful death lawsuit.
Failing to meet the deadline may lead to the dismissal of your case. Furthermore, you may lose the opportunity to fully recover all your losses. To protect your right to receive damages, seek legal representation as soon as possible after the accident.
Immediate Actions After Being Hit by a Car in Henderson
It’s important to remember that your mindfulness can make your lawyer’s job a lot easier. There are some actions that you’ll be in a much better position to take than your lawyer.
Gathering basic evidence and documenting your damages is something that doesn’t require any legal expertise. It will give your lawyer the momentum necessary to process your claim smoothly.
Here are some essential steps you must take if you were hit by a car as a pedestrian:
- Report the accident to the police authorities
- Gather visual evidence and eyewitness information from the accident scene if possible
- Prioritize your well-being and seek medical attention
- Get an official diagnosis and start treatment
- Document all your expenses related to the accident
- Consult a skilled pedestrian accident lawyer
Anthem Injury Lawyers: Champions for Pedestrian Accident Victims
Anthem Injury Lawyers will help you pursue justice against the negligent party who caused your injury. Our law firm believes in the victims’ rights to maximum compensation, so much so that we won’t get paid until you do.
Our experienced pedestrian lawyers in Henderson will customize the best legal strategy for your case. If you or a loved one have been involved in an accident with a motor vehicle as a pedestrian in Henderson, contact us for a free consultation.
Frequently Asked Questions
What should I do immediately after a pedestrian accident?
Here are some important steps to take right after a pedestrian accident:
- Call 911
- Take photos and videos of the accident scene and your injuries
- Get eyewitness information
- Get medical attention and follow the treatment protocol immediately
- Document your damages
- Hire a skilled pedestrian accident lawyer
How do I determine if I have a valid pedestrian accident claim?
Negligence isn’t an opinion. It has to be legally established by a careful evaluation of the defendant’s role and circumstances of the accident. The burden of proof is on you. You can only qualify for seeking compensation from them if their negligence led to your accident and injuries.
Here are some essential elements you’ll have to establish to prove their negligence:
- The defendant owed you a duty of care
- They neglected this duty
- Their neglectful conduct was the proximate cause of your accident
- This accident directly caused your injuries and losses
How can I afford legal representation for my case?
Anthem Injury Lawyers is a firm dedicated to making high-quality legal care affordable for everyone. Everything from our first consultation to winning your settlement is our legal and financial responsibility. You won’t have to pay us a dime until we win your settlement.
What types of compensation can I expect as a pedestrian accident victim?
Here are the types of compensation that are available for pedestrian accident victims:
- Medical expenses
- Lost income
- Lost earning capacity
- Property loss
- Mental anguish
- Pain and suffering
- Disability and scarring
- Punitive damages
How long do I have to file a pedestrian accident claim in Nevada?
You can only file a pedestrian accident claim within two years of the date of the accident in Nevada. You could lose your right to seek compensation if you miss this legal deadline.
What if I am partially at fault for the accident?
Nevada is an at-fault state that follows a modified comparative negligence standard. You’re allowed to file a claim only if your share of fault for the accident is no more than 50 percent. And your compensation is determined by your share of fault for the accident. For instance, if your settlement amount is $100,000 and you share 20 percent of the fault, you will only get $80,000.
How can I choose the right pedestrian accident attorney for my case?
Here are some simple tips to follow to choose the right pedestrian accident attorney for your case:
- Look for a local lawyer or firm that specializes in pedestrian accident cases
- Check their success rates and client testimonials
- Assess their payment structure and see if they work on a contingency fee basis
- See if you’re able to communicate in a clear and comfortable way with them