Catastrophic injuries are common in pedestrian accidents. Unlike drivers and passengers in cars, pedestrians do not tend to travel with safety gear designed to protect them in the event of an accident. As a result, even a low-speed accident can result in severe damage. Following an accident, you will likely be faced with significant medical costs, as well as other expenses.
Recovering compensation from the liable party can be critical as you attempt to rebuild your life after an injury. At Vaughan & Vaughan, we understand the challenges faced by accident victims. Our law firm has been helping Indiana injury victims get the money they need and deserve for over 100 years. Our team of Delphi pedestrian accident lawyers is ready to assist you today.
Reach out to us by phone or through our website to schedule a free consultation.
Steps Your Pedestrian Accident Attorney Serving Delphi Will Take on Your Behalf
When you hire a pedestrian accident lawyer to help you secure financial compensation after suffering an injury, there are a variety of steps they will take to ensure you get the money you need. Immediately after you hire an attorney, they will get to work investigating your accident to establish liability and ensure they recover all available evidence supporting your claim.
Once your lawyer has completed their initial investigation, they will evaluate the losses you have suffered and determine which damages you are eligible to pursue. They will then calculate the full value of your case before filing a personal injury lawsuit or submitting an insurance claim.
If you are pursuing a lawsuit, your lawyer will complete every step of the pretrial process and argue your case in court unless a settlement can be reached. Only a small percentage of pedestrian cases are decided at trial. Your attorney will be in continued negotiations with the opposition as they attempt to negotiate a favorable settlement deal.
Don’t Miss the Deadline When Filing a Pedestrian Accident Lawsuit
When pursuing a lawsuit after an accident, you must be aware of the personal injury statute of limitations that applies to your case. In Indiana, the statute of limitations permits accident victims to file a lawsuit up to two years after sustaining an injury. Should you miss this filing deadline, you likely won’t be able to recover compensation from the liable party.
In the majority of cases, the statute of limitations is unyielding. However, there are still a few circumstances under which an accident victim can pursue compensation after the standard deadline has already passed. In that same vein, there are situations where an injury victim faces further restrictions on their filing deadline.
The best way to ensure you are fully aware of the deadline that applies to your case is by speaking with an experienced Delphi pedestrian accident attorney shortly after suffering an injury. Your lawyer can identify if any special conditions apply to your case and make sure all the required paperwork is submitted well before the filing deadline.
Taking a Settlement Deal or Going to Court
Most pedestrian accident cases end up settling well before they would go to court. While taking your case to trial can be appealing in that there is the potential for recovering greater compensation, the risk of walking away with nothing is unlikely to be worth the reward. A settlement means assured financial compensation after an accident.
A settlement is often in the best interest of both parties. While assuring compensation for the accident victim and significantly decreasing the wait time to collect the needed money, a settlement also provides benefits for the defendant, including reduced legal fees and avoiding unwanted press coverage that could come with a trial.
Despite the benefits of settling, for one reason or another, reaching a deal is not realistic. In this case, it is essential to be prepared to take your case to trial and fight for the compensation you need and deserve.
Available Damages Following a Pedestrian Accident
There are a variety of damages you can attempt to collect following a pedestrian accident. However, it can sometimes be challenging to identify all of the damages you are eligible to claim. Fortunately, an experienced Delphi pedestrian accident attorney will be able to help you determine all the damages for which you qualify.
All the damages you can pursue are divided into three categories.
Every loss you suffered as a result of your accident that affected your financial situation is sorted into this category. Since economic damages deal with monetary losses, calculating their worth is typically pretty straightforward. Among the economic damages usually available following a pedestrian accident, you will find:
- Lost wages
- Decreased earning ability
- Medical bills
- Future medical costs
- Property damage
- Money spent to accomplish daily tasks that your injuries prevent you from doing yourself
All other losses caused by your accident belong to this category. Due to the fact that non-economic damages do not deal with monetary losses, quantifying the value of these damages is far more complicated than with economic damages. Among the non-economic damages most usually available following a pedestrian accident, you will find:
- Emotional distress
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of consortium
- Loss of companionship
- Diminished quality of life
Compensatory damages are awarded as a means of replacing losses incurred by accident victims. In contrast, punitive damages are used to punish the liable party for their role in causing the accident to occur.
Punitive damages are reserved for extreme situations. Your case will only qualify for punitive damages if the liable party acted with the intention of causing harm or was grossly negligent.
Schedule a Free Consultation With a Pedestrian Accident Attorney Serving Delphi Today
Hiring an experienced attorney is essential when attempting to recover compensation after a pedestrian accident. You want to make sure that the lawyer you choose is capable of winning big for their clients, both through favorable settlement deals and court rulings.
At Vaughan & Vaughan, our team of pedestrian accident attorneys in Delphi has been helping our clients get the money they need for more than a century. Reach out to us today by giving us a call or completing the contact form on this site and schedule your free consultation.